Allowed

Mr. Ramasami, 72 Yrs, v. Station House Officer

Madras HC30 Oct 2017CRL OP/22924/2017

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Original Petition, directing the Station House Officer to respond to the petitioner's complaint within 15 days by either registering an FIR if a cognizable offence is disclosed or conducting a preliminary inquiry.

What did the court decide?

Directed the Commissioner of Police Puducherry to ensure the Station House Officer registers an FIR or conducts a preliminary inquiry within 15 days of receiving the complaint copy.

Mr. Ramasami, 72 Yrs, Vs Station House Officer — Criminal Trial and Appeal | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 30.10.2017

¶3

CORAM:

¶4

THE HONOURABLE MR. JUSTICE M.S.RAMESH

¶5

Crl.O.P.No.22924 of 2017

¶6

Ramasami ...Petitioner
Vs.
The Station House Officer,
D'Nagar Police Station,
Puducherry. ...Respondent

¶7

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to register FIR on the basis of the petitioner's complaint dated 28.08.2017 pending on the file of the respondent police.

¶8

For Petitioner : Mr.M.Jaikumar For Respondent : Mr.M.R. Thangavel, Additional Public Prosecutor(P) ORDER This petition has been filed seeking a direction to the respondents to register the complaint dated 28.08.2017.

¶9

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

¶10

3.The grievance of the petitioner is that inspite of a complaint given by him on 28.08.2017 to the 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.

¶11

The 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 https://hcservices.ecourts.gov.in/hcservices/ Section 482 of the Criminal Procedure Code.

¶12

In the result, the petitioner is directed to give a copy of the complaint dated 28.08.2017 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.

¶13

1)If the information received by the respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.

¶14

2)If an information received does not disclose a cognizable offence, the 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.

¶15

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

¶16

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.

¶17

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 respondent's police station.

¶18

In the result, the Criminal Original Petition is allowed with the above directions.

¶19

Sub Assistant Registrar

¶20

rts/smi

¶21

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

¶22

¶23

The Station House Officer, D'Nagar Police Station, Puducherry.

¶24

The Public Prosecutor, High Court, Madras.

¶25

- 1 cc to Mr. M. Jaikumar, Advocate SR.77037 + 1 cc to the Government Pleader Sr.77059

¶26

Crl.O.P.No.22924 of 2017
RJ(CO)
EU(22/11/2017 )

¶27

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

Mr. Ramasami, 72 Yrs, v. Station House Officer

Case brief

What is this about?

What did the court decide?

Mr. Ramasami, 72 Yrs, v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.Varadarajan Vs the Commissioner of Police

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

N.Nagaraj, M/a 56 Years, Vs the Inspector of Police

V.S. Vivekanandhan, Vs Sub Inspector of Police

Surekha Kothari Vs M/S.Shakthi Industrial

M.Dhamodhara Krishnan, Vs the Inspector of Police