Allowed

Mr.S.P.Gopinathan v. the Commissioner of Police

Madras HC30 Oct 2017CRL OP/22927/2017

Case brief

AI extract

What is this about?

The High Court of Madras directed the police to register an FIR or conduct a preliminary inquiry within 15 days based on the petitioner's complaint regarding the mandatory registration of complaints disclosing cognizable offences.

What did the court decide?

Petitioner directed to submit complaint copy to Station Housing Officer; police directed to register FIR or conduct inquiry within 15 days.

Mr.S.P.Gopinathan Vs the Commissioner of Police — Criminal Trial and Appeal | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 30.10.2017

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.22927 of 2017

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S.P.Gopinathan ... Petitioner

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Vs.

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1.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai.

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2.State rep by The Inspector of Police, Valasaravakkam Police Station, Chennai. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent police to register FIR on the basis of the petitioner complaint dated 14.10.2017 pending on the file of the second respondent police.

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For Petitioner : Mr.T. K. Rajasekaran For Respondents : Mr.C.IYYAPPARAJ Additional Public Prosecutor.

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ORDER

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This petition is filed seeking a direction to the second respondent police to register FIR on the basis of the petitioner's complaint dated 14.10.2017 pending on his file.

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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 14.10.2017 to the first 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

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

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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 respondents are 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 14.10.2017 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 second 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 second 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 second 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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-sd/Assistant Registrar

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Sub-Assistant Registrar

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smi

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

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1.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai.

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2.The Inspector of Police, Valasaravakkam Police Station, Chennai.

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3.The Public Prosecutor, High Court, Madras.

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+1 CC TO MR.T.K.RAJASEKAR Advocate SR.NO. 77036

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Crl.O.P.No.22927 of 2017

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RD 10/11/2017

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

Mr.S.P.Gopinathan v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Mr.S.P.Gopinathan v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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