M.Deepa, F/32 Yrs v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25211 of 2017 M.Deepa ... Petitioner/Defacto Complainant Vs.
1. The Commissioner of Police, Chennai City, O/o. Commissioner of Police, Vepery, Chennai - 600 007.
2. The Assistant Commissioner of Police, Tambaram Range, Tambaram, Chennai -45.
3. The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai -45.
... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the third respondent to register the case as against the husband and family members of the petitioner which was registered in CSR No.726 of 2017 dated 26.10.2017 for the complaint given by the petitioner also direct the respondents 1 and 2 in this regard as stated above. For Petitioner :
N.S.Elavarajan For Respondents :
Mr.C.Iyyapparaj, Additional Public Prosecutor.
ORDER
This petition is filed seeking a direction to the third respondent police to register a case against the accused, as per the complaint of the petitioner dated 26.10.2017 in C.S.R. No.726 of 2017.
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 her on 26.10.2017 in C.S.R. No.726 of 2017 to
the 3rd 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 3rd 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 in C.S.R. No.726 of 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 3rd 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 3rd 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 closure 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 3rd respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rkp/ak To
1. The Commissioner of Police, Chennai City, O/o. Commissioner of Police, Vepery, Chennai - 600 007.
2. The Assistant Commissioner of Police, Tambaram Range, Tambaram, Chennai -45.
3. The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai -45.
4.The Public Prosecutor, High Court, Madras.
+1 cc to Mr.N.Selvarajan Advocate sr 83201 Crl.O.P.No.25211 of 2017 br(co) aa16/12/2017