V.Yasotha, Age Aged 36 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25975 of 2017 V. Yasotha ...
Petitioner -Vs1. State Represented by the Inspector of Police, Vepanapalli Police Station, Krishnagiri - 635 121.
2. Deputy Inspector General of Police, Salem Range, Salem.
3. Nagaraj
4. Krishnaveni
5. Suresh Babu
6. Varalakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent to take the case on file and to investigate and register the case based on the petitioner's complaint dated 05.04.2017 and 12.04.2017 as against the respondent 3 to 6.
For Petitioner :
Ms.S.Deepika For Respondents :
Mr.C.Iyyapparaj Additional Public Prosecutor
ORDER
This petition is filed seeking a direction to the first respondent police to register a case on the basis of the petitioner's complaints dated 05.04.2017 and 12.04.2017. 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 the complaints given by her on 05.04.2017 and 12.04.2017 to the respondent, the same have 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 1st respondent is not justified in having received the complaints 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 the copies of the complaints dated 05.04.2017 and 12.04.2017 to the Station House Officer having territorial jurisdiction over the issue. On receipt of the said copies of the complaints, the concerned Station House Officer shall adhere to the following directions.
1)If the information received by the 1st 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 1st 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 1st respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar dpq To
1. The Inspector of Police, Vepanapalli Police Station, Krishnagiri - 635 121.
2. Deputy Inspector General of Police, Salem Range, Salem.
3. The Public Prosecutor, High Court, Madras.
+1cc to Ms.S.Deepika, Advocate in sr.no.84903 Crl.O.P.No.25975 of 2017 NR 19/12/2017