Murali, v. State by
Case brief
What is this about?
High Court allowed a criminal original petition seeking direction to register an FIR or conduct a preliminary inquiry. The Court mandated strict adherence to Supreme Court principles regarding FIR registration and diary entries.
What did the court decide?
Petitioner directed to furnish complaint copy; SHO to register FIR if cognizable offence disclosed or conclude preliminary inquiry within 15 days if not.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Crl.O.P.No. 3747 of 2018
Murali ... Petitioner
Vs. State by: The Inspector of Police, M-6, Manali New Town Police Station, Manali New Town, Chennai. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to register a FIR on the complaint given by the petitioner dated 17.07.2016 in CSR No.129/2016. *** For Petitioner : Mr.M.K.Selvakumar For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side) ORDER This petition is filed seeking a direction to the respondent police to register a FIR on the complaint given by the petitioner dated 17.07.2016 in CSR No.129/2016.
- By consent of both sides, this Criminal Original Petition is taken up for final disposal.
- The grievance of the petitioner is that inspite of a complaint given by him on 17.07.2016 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.
Issues for consideration
2 issues framed by the court
Whether the respondent police is justified in keeping the petitioner's complaint unattended without action.
Whether the petitioner can invoke the Court's inherent powers under Section 482 Cr.P.C. to direct the police to act on the complaint.
Parties & counsel
- petitioner
Murali
- respondent
State by The Inspector of Police
Coram
M.S. Ramesh
Case details
As recorded by the court registry
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