Allowed

A.Germanraj, Aged 45 Years, v. State Rep. by

Madras HC5 Feb 2018CRL OP/3104/2018

Case brief

AI extract

What is this about?

Crl.O.P. filed seeking direction to police to register a case on a specific complaint. Court invoked inherent powers to direct police to register FIR immediately if cognizable offence disclosed or conduct a preliminary inquiry within 15 days otherwise, with specific procedural mandates.

What did the court decide?

Criminal Original Petition allowed; directions issued to Station House Officer to register FIR or conduct preliminary inquiry within 15 days, record closure report if applicable, and maintain records

A.Germanraj, Aged 45 Years, Vs State Rep. by — Criminal Trial and Appeal | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.3104 of 2018

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A.Germanraj ... Petitioner/complainant

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Vs.
1. State Rep By
The Commissioner of Police,
Commissioner of Police Office Building,
Tirupur District.

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State Rep By
Deputy Commissioner of Police-Crime,
Commissioner of Police Office Building,
Tirupur District.

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State Rep By
Inspector of Police-Crime
Anuppar Palayam Police Station,
Tirupur District. ... Respondents/Respondent

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the third respondent to register a case on petitioner complaint dated 12.01.2018 and investigate the case in accordance with law.

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For Petitioner : M/s.D.Vijayababu

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For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

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ORDER

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This petition is filed seeking a direction to the third respondent police to register a case on the basis of the petitioner's complaint dated 12.01.2018.

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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 12.01.2018 to the respondents , the same has been kept in abeyance without any action. It is well

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

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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 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 12.01.2018 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.

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1)If the information received by third 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, third 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 closure 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 third respondent station.

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

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

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Sd/Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar
dh
To
1. The Commissioner of Police,
Commissioner of Police Office Building,
Tirupur District.
2. Deputy Commissioner of Police-Crime,
Commissioner of Police Office Building,
Tirupur District.
3. Inspector of Police-Crime
Anuppar Palayam Police Station,
Tirupur District
4. The Public Prosecutor,
High Court, Madras.
+1cc to Mr.D.VIJAYABABU, Advocate, S.R.No. 3104
Crl.O.P.No.3104 of 2018
VG II(CO)
TR(22/02/2018)

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

A.Germanraj, Aged 45 Years, v. State Rep. by

Case brief

What is this about?

What did the court decide?

A.Germanraj, Aged 45 Years, v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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