P.Thangarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD).No.13712 of 2017 P.Thangarajan . . Petitioner Vs.

1. The State rep. by, The Superintendent of Police, Kanyakumari District @ Nagercoil.

2. The Inspector of Police, District Crime Branch, Kanyakumari District @ Nagercoil.

. . Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue a direction to the second respondent herein to register a case against the proposed accused P.Gopalan based upon the complaint of the petitioner made before the first respondent, dated 11.09.2017, which was forwarded to him, investigate the same, and to file final report against the proposed accused in accordance with law.

For Petitioner : Mr.B.Brijesh Kishore For Respondents : Mr.C.Ramesh Additional Public Prosecutor.

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ORDER

This Criminal Original petition is filed for issuing a direction to the second respondent herein to register a case against the proposed accused P.Gopalan based upon the complaint of the petitioner made before the first respondent, dated 11.09.2017, which was forwarded to him, investigate the same, and to file final report against the proposed accused in accordance with law.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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3. The complaint of the petitioner discloses a cognizable offence. Hence it is obligatory on the part of the second respondent to register the case. However, the Sub Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District has field a report stating that the enquiry has been completed. It is stated in the report that the petitioner has not produced any documents in connection with the complaint. Since the petitioner has given in writing that he will pursue the matter before this Court, it is stated that there was no further investigation.

4. It is stated in the report that the enquiry was completed without further investigation. It is to be noted that the Sub Inspector of Police who has drawn the report has not understood the scope of Judgment of the Hon'ble Supreme Court and this Court in several Judgments where it has been repeatedly held that when the complaint discloses a cognizable offence, the station house officer is bound to register the same. There is no necessity for any enquiry at that time in cases of this nature. It is only in respect of certain category of cases preliminary enquiry is contemplated. Unless cognizance is taken, it is not required for the station house officer either to issue notice or to hear the proposed accused.

5. In that view of the matter, the Criminal Original petition is allowed and the Inspector of Police, District Crime Branch, Kanyakumari District @ Nagercoil/second respondent is directed to register the complaint of the petitioner made before the first respondent and forwarded to the second respondent and to take further action.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To

1. The State rep. by, The Superintendent of Police, Kanyakumari District @ Nagercoil.

2. The Inspector of Police, District Crime Branch, Kanyakumari District @ Nagercoil.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to M/s.B.Brijesh Kishore, Advocate, SR.No.84492 pmu RL/5C/62P/SKN/RSK/SAR1/7/11/2017 Crl.O.P.(MD).No.13712 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 30.10.2017