Allowed

S.Varadarajan v. the Commissioner of Police

Madras HC27 Oct 2017CRL OP/22824/2017

Case brief

AI extract

What is this about?

The Court granted a petition seeking direction to the police to register a complaint. It mandated specific procedures for registering FIRs, conducting preliminary inquiries within 15 days, recording closure reports, and maintaining diaries.

What did the court decide?

Petitioner directed to give copy of complaint to Station Housing Officer; police instructed to register FIR, conduct preliminary inquiry, and record disclosures in diaries.

S.Varadarajan Vs the Commissioner of Police — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.10.2017

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.22824 of 2017

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S. Varadarajan ... Petitioner
Vs.
1. The Commissioner of Police,
Chennai City, Vepery,
Chennai- 600 007.
2. The Inspector of Police,
Choolaimedu Police Station,
Chennai- 600 094. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C. praying to direct the second respondent to register
the complaint of the petitioner dated 24.06.2017 and
investigate the same.

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For Petitioner : Mr.K.M.Balaji
For Respondent : Mr.P.Govindarajan
Additional Public Prosecutor
ORDER

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This petition is filed seeking a direction to the second respondent to register the complaint of the petitioner dated 24.06.2017 and investigate the same.

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2.By consent of both sides, this Criminal Original Petition is taken up for final disposal.

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3.The grievance of the petitioner is that inspite of a complaint given by him on 24.06.2017 to the respondents , 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.

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The 2^nd respondent is not justified in having received the complaint and keeping it unattended without any further https://hcservices.ecourts.gov.in/hcservices/ action. In view of the same, the petitioner has made out a

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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 24.06.2017 to the Station Housing 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.

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1)If the information received by the 2^nd respondent 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 2^nd 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.

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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.

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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 2^nd respondent 's police station.

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In the result, the Criminal Original Petition is

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allowed with the above directions.

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aav

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Sd/Asst.Registrar /true copy/ Sub Asst. Registrar To 1. The Commissioner of Police, Chennai City, Vepery, Chennai- 600 007.

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police, Choolaimedu Police Station, Chennai- 600 094.

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3.The Public Prosecutor, High Court, Madras.

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+1 CC to Mr.K.M.Balaji Advocate in SR.NO.76120

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Crl.O.P.No.22824 of 2017

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GJII MLT 13/11/2017

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https://hcservices.ecourts.gov.in/hcservices/

S.Varadarajan v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

S.Varadarajan v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

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