G.Sathish Kumar, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.23927 of 2017 G.Sathish Kumar

...Petitioner

Vs.

The State rep. by The Inspector of Police,(Crimes) C2, Elephant Gate Police Station, Chennai-600 003.

...Respondent

PRAYER: The Criminal Original Petition has been filed under Section 482 Cr.P.C. praying to issue suitable directions to the above respondent police to register a Criminal case against the above said money lender and file the FIR against him as per law based on the complaint of this petitioner dated 26.10.2017 covered in CSR No.548 of 2017 on the file of the above respondent police.

For Petitioner :

Mrs.P.Rama For Respondent :

Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent police to register a Criminal case against the above said money lender and file the FIR against him as per law based on the complaint of this petitioner dated 26.10.2017 covered in CSR No.548 of 2017 on the file of the above respondent police.

2. By consent of both sides, this Criminal Original Petition is taken up for final disposal.

3.The grievance of the petitioner is that inspite of a complaint given by him on 26.10.2017 to the respondent, the same has been kept in abeyance without any action. It is well settled in the judgment of the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2013 (6) CTC 353],

that registration of an FIR is mandatory under Section 154 of the Code of Criminal Procedure if an information furnished to the police officer disclose commission of a cognizable offence and in cases where the information does not disclose a cognizable offence, a preliminary enquiry has to be conducted.

4. The respondent is not justified in having received the complaint and keeping it unattended without any further action. In view of the same, the petitioner has made out a case for this Court to invoke its inherent powers under Section 482 of the Criminal Procedure Code.

5. In the result, the petitioner is directed to give a copy of the complaint dated 26.10.2017 to the Station House Officer having territorial jurisdiction over the issue. On receipt of the said copy of the complaint, the concerned Station House Officer shall adhere to the following directions. 1)If the information received by the respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.

2)If an information received does not disclose a cognizable offence, the respondent shall conduct a preliminary inquiry to ascertain whether cognizable offence is disclosed therein or not and such inquiry shall be completed within a period of fifteen days from the date of information.

3) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered, if not already registered or closed.

4) If the preliminary inquiry ends in closing the complaint, the disclosure report must be recorded along with the reasonings and a copy of the same shall be furnished to the complainant within one week. 5)All information relating to cognizable offences whether resulting in registration of FIR or leading an inquiry must be reflected in the general diary/station diary/daily diary of the respondent's police station.

6. In the result, the Criminal Original Petition is allowed with the above directions.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rli

To

1. The Inspector of Police,(Crimes) C2, Elephant Gate Police Station, Chennai-600 003.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mrs.P.Rama, Advocate, S.R.No.78957 Crl.O.P.No.23927 of 2017 MR(CO) CS/17/11/17