Palanisamy v. The District Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.05.2018

CORAM:

THE HONOURABLE Mrs. JUSTICE S.RAMATHILAGAM Crl.O.P.No.13384 of 2018 Palanisamy ..

Petitioner Vs.

1.The District Superintendent of Police, Ariyalur Distrcit, Ariyalur.

2.The Inspector of Police, Kuvagam Police Station, Ariyalur District.

..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register a case based on the petitioner's complaint dated 11.01.2018 and investigate the same in accordance with law.

For Petitioner :

Mr.K.Gandhi Kumar For Respondents :

Ms.P.Kritika Kamal Government Advocate (Crl.Side)

ORDER

This petition is filed seeking a direction to the respondent to register a case based on the petitioner's complaint dated 11.01.2018 and investigate the same in accordance with law.

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 11.01.2018 to the Sub-Inspector of Police, Kuvagam, 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 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. Hence, the respondents are directed as follows:

1)If the information received by the respondents 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 respondents 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 seven 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 respondent's police station.

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

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar msv

To 1.The District Superintendent of Police, Ariyalur District, Ariyalur.

2.The Inspector of Police, Kuvagam Police Station, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.13384 of 2018 sr(co) nr 04/06/2018