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Madras High CourtCRL OP/1605/2018ordered

A.Abdul Mujib, M/A.36 Years, v. The Commissioner Of Police,

2018-01-29Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.1605 of 2018 A.Abdul Mujib ... Petitioner Vs.

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.State: Rep. by The Inspector of Police, K-1, Sembium Police Station, Chennai - 600 011.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to register FIR on his complaint dated 16.12.2017.

For Petitioner :

Mr.G.Anand Kumar For Respondents :

Mr.P.Ravichandran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner seeking to direct the second respondent to register FIR on his complaint dated 16.12.2017.

2.Heard learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

3. Learned Government Advocate (Crl. side) submitted that by an order dated 19.01.2018, the petitioner's complaint has been transferred to the file of Cyber Crime, Central Crime Branch, Chennai.

4. Hence, the petitioner is directed to give a copy of the complaint dated 19.01.2018 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 Inspector of Police, Cyber Crime, Central Crime Branch, Chennai discloses commission of a cognizable offence, then, the same shall be forthwith registered.

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2)If an information received does not disclose a cognizable offence, the Inspector of Police, Cyber Crime, Central Crime Branch, Chennai 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 Inspector of Police, Cyber Crime, Central Crime Branch, Chennai.

5. In the result, the Criminal Original Petition stands ordered.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar nl To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.State: Rep. by The Inspector of Police, K-1, Sembium Police Station, Chennai - 600 011.

3.The Public Prosecutor, High Court, Madras.

4.The Inspector of Police, Cyber Crime, Central Crime Branch, Chennai.

CC to Mr.G.Anand kumar in SRNos. 4769 & 5324 Crl.O.P.No.1605 of 2018 ss(CO) VUM(10.02.2018) https://hcservices.ecourts.gov.in/hcservices/