S.Venkatachalam, Aged 65 Years v. Deputy General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.29569 of 2017 S.Venkatachalam ... Petitioner Vs.
1.The Deputy General of Police, Police Station Head Quarters, Mylapur Chennai.
2.The Inspector of Police, Police Station, Uthankarai, Krishnagiri District - 635 207. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st to 2nd respondents to register the case based on the complaint dated 18.09.2017 and investigate the case and file a FIR in accordance with law.
For Petitioner :
Mr.T.R.Rajagajendran For Respondents :
Mrs.P.Kritika Kamal, Government Advocate (Crl.Side) *********
ORDER
This petition is filed seeking a direction to the 2nd respondent police to register a case on the basis of the petitioner's complaint dated 18.09.2017.
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 18.09.2017 to the 2nd 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 2nd 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 18.09.2017 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 2nd 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 2nd 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 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 2nd respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR nl/rna
To 1.The Deputy General of Police, Police Station Head Quarters, Mylapur Chennai.
2.The Inspector of Police, Police Station, Uthankarai, Krishnagiri District - 635 207.
3.The Public Prosecutor, High Court, Madras.
+1 cc Mr.T.R.Rajagajendran, Advocate SR.NO. 2590/18 Crl.O.P.No.29569 of 2017 SV(CO) JK 25/01/18