J.Sahaya Jayanithya, v. The City Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.28472 of 2017 J.Sahaya Jayanithya
...Petitioner
Vs.
1. The City Commissioner of Police, Near Daily Thanti, Vepery, Chennai - 600 007.
2. The Inspector of Police, The City Commissioner Office, 2nd Floor, Cyber-crime cell, Veperi, Chennai-600 007.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to register the case in complaint dated 03.10.2017 within a stipulated time as may be fixed by this Hon'ble Court and pass orders.
For Petitioner :
Mr.P.S.Samjapa Singh For Respondents :
Mr.C.Iyyappa Raj Additional Public Prosecutor.
ORDER
This petition is filed seeking a direction to the second respondent to register a case on the basis of the petitioner's complaint dated 03.10.2017.
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 03.10.2017 to the first 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 first 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 03.10.2017 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 second 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 second 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 second respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar smn
To
1. The City Commissioner of Police, Near Daily Thanti, Vepery, Chennai - 600 007.
2. The Inspector of Police, The City Commissioner Office, 2nd Floor, Cyber-crime cell, Veperi, Chennai-600 007.
3. The Public Prosecutor, High Court,Madras +1cc to Mr.P.SAM JAPASINGH Advocate, S.R.No. 90989 Crl.O.P.No. 28472 of 2017 EV(CO) TR(11/01/2018)