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Madras High CourtCRL OP/28026/2017ordered

S. Kumar v. The Commissioner Of Police

2017-12-18Honourable Mr Justice M.S. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.28026 of 2017 S.Kumar

...Petitioner

Vs.

1. The Commissioner of Police, E.V.K.Sampath Road, Vepery,Chennai -600 007.

2.The Additional Commissioner of Police, Chennai South, E.V.K.Sampath Road, Vepery, Chennai-600 007.

3.Deputy Commissioner of Police, Triplicane, Chennai.

4. Assistant Commissioner of Police, Nungambakkam, Chennai-600 034.

5.The Inspector of Police, R-2,Police Station, Kodambakkam, Chennai-24.

6.The Inspector of Police, F-3, Police Station, Nungambakkam, Chennai-34. ...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to conduct a detailed investigation on the petitioner's complaints dated 30.12.2016 and 01.12.2017.

For Petitioner :

Mr.S.Thiruvengadam For Respondents :

Mr.V.Arul Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to the fifth respondent police to register a case on the basis of the petitioner's complaint dated 30.12.2016 and 01.12.2017 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 him on 30.12.2016 and 01.12.2017 to the respondents one and two respectively, 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 respondents one and two are 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 30.12.2016 and 01.12.2017 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 fifth 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 fifth 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 fifth respondent's police station.

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

18.12.2017 Index:Yes/No Internet: Yes/No smn To

1. The Commissioner of Police, E.V.K.Sampath Road, Vepery,Chennai -600 007.

2.The Additional Commissioner of Police, Chennai South, E.V.K.Sampath Road, Vepery, Chennai-600 007. 3.Deputy Commissioner of Police, Triplicane, Chennai.

4. Assistant Commissioner of Police, Nungambakkam, Chennai-600 034.

5.The Inspector of Police, R-2,Police Station,Kodambakkam, Chennai-24.

6.The Inspector of Police, F-3, Police Station,Nungambakkam, Chennai-34.

7. The Public Prosecutor, High Court, Madras M.S.RAMESH.J.,

smn Crl.O.P.No.28026 of 2017 18.12.2017