C.Kannan, v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.(MD)No.7184 of 2018 C.Kannan ...
Petitioner Vs.
1.The Commissioner of Police, Trichy City.
2.The Inspector of Police, Tiruvarambur Police Station, Trichy.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent to register a case based on the complaint dated 13.02.2018 preferred by the petitioner and to file a final report within the time may be stipulated by this Court. For Petitioner : Mr.R.Rajesh For Respondent : Mr.Prabu Ramachandran, Government Advocate (Crl. side)
ORDER
This petition is filed seeking a direction to the second respondent police to register a case on the basis of the petitioner's complaint dated 13.02.2018.
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 13.02.2018 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.
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5.In the result, the petitioner is directed to give a copy of the complaint dated 13.02.2018 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 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 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 2nd respondent's police station. 6)It is made clear that this Court has not given any positive direction to register the complaint but the concerned Investigating Officer shall adhere to the aforesaid procedures while dealing with the petitioner's complaint.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Vacation Officer.
/True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Trichy City.
2.The Inspector of Police,Tiruvarambur Police Station,Trichy. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.R.Rajesh, Advocate, SR.No. 65950 Crl.O.P.(MD)No.7184 of 2018 17.05.2018 gns/akv AM/JC/SAR 4/29.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/