Tamil Nadu Thiraippadam, v. The Deputy Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.29058 of 2017 Tamil Nadu Thiraippadam, Tholaikkaatchi Nadana Kalaignargal Mattrum, Nadana Iyakkunargal Sangam, Registered No.907/MDS Rep.by its President Shobi Paul Raj at Old No.8, New No.17, Burkit Road, T.Nagar, Chennai-600 017.
... Petitioner Vs.
The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, R-1, Police Station, T.Nagar,Chennai-600 017.
... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register a case on the of the petitioner dated 02.05.2017, conduct investigation and to file a final report within a time to be stipulated by this Court.
For Petitioner :
M/s.V.Meenakshi Sundaram For Respondent :
Mrs.V.Sarathadevi, Government Advocate (Crl.Side)
ORDER
This petition is filed seeking a direction to the respondent police to register a case on the basis of the petitioner's complaint dated 02.05.2017.
2.Heard learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) for the respondent. 3.The grievance of the petitioner is that inspite of a complaint given by him on 02.05.2017 to the 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 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 02.05.2017 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 concerned jurisdictional officer 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 concerned jurisdictional officer 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 disclosure 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 concerned jurisdictional officer's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar
gmd/nl To 1.The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, R-1, Police Station, T.Nagar, Chennai-600 017.
+1cc to Mr.V.MEENAKSHISUNDARAM, Advocate, S.R.No. 91829 Crl.O.P.No.29058 of 2017 TR(01/02/2018)