Shabnam, v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2017 Coram:

The Honourable Mr. Justice M.S. RAMESH Crl.O.P.No. 26221 of 2017 Shabnam

...Petitioner

Versus

The State Represented by the Inspector of Police, K-3, Aminjikarai Police Station, Chennai - 600 0029.

...Respondent

Prayer :

This Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the respondent, the State represented by the Inspector of Police, K-3, Aminjikarai Police Station, Chennai 600 029 to register a First Information Report under Sections 506, 120-B, 294, 509 of the Indian Penal Code and Section 4 and 5 of the Prohibition of Harassment of Woman Act, 2002 for the complaint dated 27.11.2017 and to investigate into the offences and file a final report.

For Petitioner :

Mr. S. Sivaraman For Respondent :

Mr. C. Iyyapparaj, Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to the respondent Police to register a case on the basis of the petitioner's complaint dated 27.11.2017.

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

3. The grievance of the petitioners are that inspite of the complaint given by her on 27.11.2017 to the respondent , the same has been kept in abeyance without any action. It is well settled in the judgment of the Honourable 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 petitioners are directed to give a copy of the complaint dated 27.11.2017 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 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 respondent's police station.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dpq

To

1. The Inspector of Police, K-3, Aminjikarai Police Station, Chennai - 600 0029.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S. Sivaraman, Advocate SR.84943 Crl.O.P.No. 26221 of 2017 mgr(CO) EU(07/12/2017)