Allowed

Mr.Gandhi, M/A.63 Years v. the State Rep. by

Madras HC27 Oct 2017CRL OP/22827/2017

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Original Petition filed under Section 482 Cr.P.C., directing the second respondent police officer to either register an FIR if a cognizable offence is disclosed or conduct a preliminary inquiry within 15 days if it is not.

What did the court decide?

The petitioner was directed to provide a copy of the complaint to the Station Housing Officer, who must register the FIR or complete a preliminary inquiry within 15 days as per specified directions.

Mr.Gandhi, M/A.63 Years Vs the State Rep. by — Criminal Trial and Appeal | 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.22827 of 2017

Gandhi

... Petitioner

Vs.

The Commissioner of Police, Greater Chennai, Vepery, Chennai- 600 007. 2. The Inspector of Police, T-10, Tirumullaivoyal Police Station, Tirumullaivoyal, Chennai- 600 062. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to register FIR on the basis of the complaint given by the petitioner dated 18.09.2017 in CSR No. 982 of 2017 pending on the file of the second respondent.

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

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This petition is filed seeking a direction to the respondents to register FIR on the basis of the complaint given by the petitioner dated 18.09.2017 in CSR No. 982 of 2017 pending on the file of the second respondent.

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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 18.09.2017 to the 2^nd 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

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

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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 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 18.09.2017 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 inquiry discloses the commission of a cognizable offence, the FIR must be registered, if not already registered or closed.

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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 allowed with the above directions.

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-s/dAssistant Registrar(CS-II)

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True Copy

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Sub-Assistant Registrar

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aav

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

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The Commissioner of Police, Greater Chennai, Vepery, Chennai- 600 007. 2. The Inspector of Police, T-10, Tirumullaivoyal Police Station, Tirumullaivoyal, Chennai- 600 062. 3. The Public Prosecutor, High Court, Madras. +1 CC to Mr.M. Anandaraj, Advocate sr 76012. Crl.O.P.No.22827 of 2017

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MN(CO) SP(13/11/2017)

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

Mr.Gandhi, M/A.63 Years v. the State Rep. by

Case brief

What is this about?

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Mr.Gandhi, M/A.63 Years v. the State Rep. by

Case brief

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