Allowed

P.Murugan, Aged 42 Years, v. the Deputy Commissioner of

Madras HC20 Feb 2018CRL OP/3371/2018

Case brief

AI extract

What is this about?

The Court invoked inherent powers to direct the respondent police to process a pending complaint. It mandated immediate FIR registration if a cognizable offence is disclosed, or a preliminary inquiry within 15 days otherwise, including specific requirements for diary entries and closure reports.

What did the court decide?

Petitioner directed to give complaint copy to SHO; SHO to register FIR immediately on disclosure of cognizable offence or conduct inquiry within 15 days if not.

P.Murugan, Aged 42 Years, Vs the Deputy… — Criminal Trial and Appeal | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.02.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.3371 of 2018

P.Murugan

... Petitioner

Vs.

The Deputy Commissioner of Police, Central Crime Branch,

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Office of the Commissioner of Police, Vepery, Chennai.

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... Respondent

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register the complaint given by the petitioner in C.No.3376/CCB/Visitors/2016 pending on the file of the respondent.

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For Petitioner : Mr.V.Jeevagiridharan For Respondent : Mrs.P.Kritika Kamal, Government Advocate (Crl. Side) O R D E R

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This petition is filed seeking a direction to the respondent police to to register the complaint dated 27.07.2016 given by the petitioner in C.No.3376/CCB/Visitors/2016 pending on the file of the respondent.

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2.Heard learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) for the respondent.

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3.The grievance of the petitioner is that inspite of a complaint given by him on 27.07.2016 to the Commissioner of Police, Chennai, 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.

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

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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 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 27.07.2016 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 the concerned jurisdictional officer 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 concerned jurisdictional officer 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 concerned jurisdictional 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(CS-V) //True Copy//

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Sub Assistant Registrar

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

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The Deputy Commissioner of Police, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai. 2. The Public Prosecutor, High Court, Madras.

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+1cc to Mr.V.JEEVAGIRIDHARAN, Advocate, S.R.No. 12837
Crl.O.P.No.3371 of 2018
RJ(CO)
TR(08/03/2018)

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

P.Murugan, Aged 42 Years, v. the Deputy Commissioner of

Case brief

What is this about?

What did the court decide?

P.Murugan, Aged 42 Years, v. the Deputy Commissioner of

Case brief

What is this about?

What did the court decide?

What the court decided

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