The High Court directed the police to register an FIR based on a complaint containing a cognizable offence. If no offence was disclosed, the police must complete a preliminary inquiry within 15 days.
Police directed to register FIR if cognizable offence disclosed, else conduct inquiry within 15 days and furnish closure report within one week if closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.3370 of 2018
A.Leema Mary ... Petitioner
Vs.
State Represented by The Inspector of Police, W-1, All Women Police Station, Thousand Light, Chennai. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to register the case in C.S.R.No.8 of 2017 dated 10.01.2017 complaint given by the petitioner.
For Petitioner : Mr.V.S.Gopu
For Respondent : Mr.C.Raghavan
Government Advocate[Crl. Side]
ORDER
This petition is filed seeking a direction to the respondent
police to register the case in C.S.R.No.8 of 2017 dated
10.01.2017 complaint given by the petitioner.
2.By consent of both sides, this Criminal Original Petition is taken up for final disposal.
3.The grievance of the petitioner is that inspite of a complaint given by her on 10.01.2017 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.
5.In the result, the petitioner is directed to give a copy of the complaint dated 10.01.2017 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.
1)If the information received by the respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.
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.
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.
Sd/Deputy Registrar //True Copy//
Sub Assistant Registrar
sji/nmm
To
Crl.O.P.No.3370 of 2018
CS/21/02/18
2 issues framed by the court
Whether the respondent police were justified in keeping the petitioner's complaint unattended without action
Whether the Court should invoke its inherent powers to direct the police to register an FIR or conduct a preliminary inquiry under Section 154 Cr.P.C.
Colour shows how this judgement treated each authority
Lalita Kumari Vs. Government of Uttar Pradesh and othersExplained¶10
Lalita Kumari Vs. Government of Uttar Pradesh and others [2013 (6) CTC 353]
2 provisions across 1 enactments
A. Leema Mary
State Represented by The Inspector of Police
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
