Allowed

A.G.Narasimhan, Aged 47 Years, v. the Commissioner of Police

Madras HC5 Mar 2018CRL OP/5379/2018

Case brief

AI extract

What is this about?

The petitioner sought a direction to the respondent police to register a complaint dated 01.02.2018. The court exercised its inherent powers under Section 482 Cr.P.C., holding that the complaint needed to be forwarded to the Assistant Commissioner of Police to either register an FIR or conduct a preliminary inquiry within 15 days.

What did the court decide?

The criminal original petition was allowed with directions to the Assistant Commissioner of Police, Salem North, to take the complaint and either register an FIR or conduct a preliminary inquiry withi

A.G.Narasimhan, Aged 47 Years, Vs the Commissioner… — Criminal Trial and Appeal | Madras HC (2018)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05.03.2018

¶4

CORAM:

¶5

THE HONOURABLE MR. JUSTICE M.S.RAMESH

¶6

Crl.O.P.No.5379 of 2018
A.G.Narasimhan ... Petitioner
Vs.
1. The Commissioner of Police,
Salem City,
Salem.
2. The Inspector of Police,
Land Grabbing Wing,
Salem City Commissioner Office,
Salem. ... Respondents

¶7

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register the complaint based on the petitioner complaint dated 01.02.2018 and investigate the matter in accordance with law.

¶8

For Petitioner : Mr.M.Subash For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

¶9

http://www.judis.nic.in

¶10

¶11

ORDER

¶12

This petition is filed seeking a direction to the respondent police to

¶13

¶14

2.By consent of both sides, this Criminal Original Petition is taken up

¶15

for final disposal.

¶16

3.The grievance of the petitioner is that inspite of a complaint given by him on 01.02.2018 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

¶17

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,

¶18

a preliminary enquiry has to be conducted.

¶19

The first respondent is not justified in having received the

¶20

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

¶21

http://www.judis.nic.in

¶22

¶23

inherent powers under Section 482 of the Criminal Procedure Code.

¶24

5.In the result, the petitioner is directed to give a copy of the

¶25

complaint to the concerned jurisdictional police. The learned Government Advocate (Crl. Side), on instructions, submits that the jurisdictional police have not received the complaint. Since, the allegations in the complaint implicates the Inspector of Police, the Assistant Commissioner of Police, North Police Station, Salem is directed to take the complaint and adhere to the following directions.

¶26

Commissioner of Police discloses commission of a

¶27

cognizable offence, then, the same shall be forthwith registered.

¶28

cognizable offence, the Assistant Commissioner of Police

¶29

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

¶30

from the date of information.

¶31

http://www.judis.nic.in

¶32

¶33

3) If the inquiry discloses the commission of a

¶34

cognizable offence, the FIR must be registered, if not already registered or closed.

¶35

4) If the preliminary inquiry ends in closing the

¶36

complaint, the closure report must be recorded along with

¶37

the reasonings and a copy of the same shall be furnished to

¶38

the complainant within one week.

¶39

5)All information relating to cognizable offences

¶40

whether resulting in registration of FIR or leading an inquiry must be reflected in the general diary/station diary/daily diary of the Assistant Commissioner of Police,

¶41

Salem North Police station.

¶42

In the result, the Criminal Original Petition is allowed with the

¶43

above directions.

¶44

05.03.2018

¶45

Index:Yes/No Internet: Yes/No

¶46

¶47

http://www.judis.nic.in

¶48

¶49

¶50

The Commissioner of Police, Salem City, Salem.

¶51

The Inspector of Police, Land Grabbing Wing, Salem City Commissioner Office, Salem.

¶52

3.The Public Prosecutor, High Court, Madras.

¶53

http://www.judis.nic.in

M.S.RAMESH.J

Crl.O.P.No.5379 of 2018

¶58

05.03.2018

¶59

http://www.judis.nic.in

A.G.Narasimhan, Aged 47 Years, v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

A.G.Narasimhan, Aged 47 Years, v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Padmavathy F/19 Yrs Vs State Rep by

J.Alex, M/A-32 Yrs Vs State Rep by

B.Vinoth, M/a. 37 Vs the Director

T.R.Sriram, Vs Tamilnadu Newsprint

T.R.Sriram, Vs Tamilnadu Newsprint

E.M.Somasundaram, Vs the State Rep. by