P.Kishore v. The Director/Adgp,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2019

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.15671 of 2019 P.Kishore .. Petitioner Vs.

1. State by its Director/ADGP, State Crime Records Bureau No.95, Santhome High Road R.A.Puram, Chennai - 600 028

2. The Commissioner of Police Office of the Commissioner of Police No.132, Commissioner Office Building EVK Sampath Road, Vepery Chennai - 600 007

3. The Deputy Commissioner of Police Central Crime Branch Office of the Commissioner of Police No.132, Commissioner Office Building EVK Sampath Road, Vepery Chennai - 600 007

4. The Inspector of Police Central Crime Branch, Team-2 EDF - 2, Wing Vepery, Chennai - 600 007 .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C to issue direction to the respondents to create/install a realtime software to update the status of all First Information Reports/Complaints within specified time frame as fixed by this Court.

For Petitioner : Mr.Abudu Kumar Rajarathinam For Respondent : Mr.P.Kritikakamal G.A. (Crl.Side)

O R D E R

Heard Mr.Abudu Kumar Rajaratinam, learned counsel for the petitioner and Ms.Kritika Kamal, learned Government Advocate (Crl.Side).

2. The preci of facts is as follows:

2.1. Pursuant to the directions of the Judicial Magistrate, Alandur in C.M.P.No.4643 of 2015 under Section 156(3) Cr.P.C, the Central Crime Branch registered a case in Crime No.450 of 2015 under Sections 403, 406, 408, 409, 417, 418, 420, 109 r/w.Section 120B IPC against one P.Kishore and 7 others. 2.2. Challenging the order dated 23.06.2015 passed by the learned Judicial Magistrate, Alandur in C.M.P.No.4643 of 2015, the petitioner filed Crl.R.C.No.1148 of 2015 before this Court for setting aside the said order, which was allowed by this Court on 03.10.2006. The de jure effect of this Court's order is the quashment of the FIR.

2.3. While so, when the petitioner applied for Singapore Visa, he faced hurdles in getting the Visa since the police website showed the pendency of the FIR against him. However, after he explained to the Authorities that the case against him was quashed by this Court, he was granted Visa. While so, he has filed the present petition with the above prayer in order to ensure that Crime and Criminal Tracking Network & Systems (CCTNS) reflects such developments also so that persons, whose FIRs have been quashed, do not suffer in future.

3. Ms.P.Kritika Kamal, learned Government Advocate (Crl.side), on instructions from Ms.B.Shridevi, Additional Superintendent of Police, PCW, State Crime Records Bureau, who is present in Court, has brought to the notice of this Court a circular dated 12.07.2019 issued by the Director General of Police, the relevant portion of which reads as follows: "4. In this regard, the unit officers are requested to issue suitable instructions to all the IOs to ensure timely updation of cases on CCTNS. The quashed FIRs should be updated immediately without any delay (by selecting- "FR/Chargesheet Generated" event g"Type of Final Report"g"Referred"g"FIR Quashed" on CIPRUS). Also, quashed FIRS being available on website amounts to contempt of Court. Therefore, if a FIR is quashed & updated by IOs, the Dcs in Chennai City and DSPs/ACs in districts/other cities & special units may block the FIR with appropriate reasons.

5. Strict disciplinary action should be initiated against the officers who are found to be defaulting in this regard."

Recording the same, this petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gpa To

1. The Director/ADGP, State Crime Records Bureau No.95, Santhome High Road R.A.Puram, Chennai - 600 028

2. The Commissioner of Police Office of the Commissioner of Police No.132, Commissioner Office Building EVK Sampath Road, Vepery Chennai - 600 007

3. The Deputy Commissioner of Police Central Crime Branch Office of the Commissioner of Police No.132, Commissioner Office Building EVK Sampath Road, Vepery, Chennai - 600 007

4. The Inspector of Police Central Crime Branch, Team-2 EDF - 2, Wing Vepery, Chennai - 600 007

5. The Public Prosecutor, High Court, Madras-600 104.

+1cc to Mr.S.Ashok Kumar, Advocate, S.R.No.95977 Crl.O.P.No.15671 of 2019 EV(CO) CS/30/12/2019