Allowed

M.Boomadevi, F/a 42 Yrs v. State Rep by

Madras HC26 Feb 2018CRL OP/5758/2018

Case brief

AI extract

What is this about?

In Crl.O.P.No.5758 of 2018, the High Court of Madras granted interim directions to the Respondent police officers regarding the handling of complaints alleging cognizable offences. The court directed that if an information discloses an offence, it must be registered; if not, a preliminary inquiry must be conducted within 15 days, with a closure report issued within a week if appropriate.

What did the court decide?

The petitioner was directed to send a copy of the complaints to the competent Station House Officer, who was directed to register the FIR if it discloses a cognizable offence or conduct a preliminary

M.Boomadevi, F/a 42 Yrs Vs State Rep by — Quashing and FIR | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.02.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.5758 of 2018

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M.BoomaDevi ... Petitioner

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Vs.

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State Represented by

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The Commissioner of Police, Greater Chennai,

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Vepery, Chennai - 600 007.

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The Deputy Commissioner of Police, M.K.B.Nagar,

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Chennai - 600 039.

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The Inspector of Police,

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P-6, Kodungaiyur Police Station,

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Kodungaiyur, Chennai - 600 118.

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...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 praying to direct the respondents to register a case against Mangilal based on petitioner's complaint dated 13.11.2017 and 06.01.2018 and investigate the matter and file a final report before the Jurisdiction Magistrate Court.

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For Petitioner : Mr.K.M.Devan For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side)

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ORDER

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This petition is filed for seeking a direction to the respondents to register a case against Mangilal based on petitioner's complaint dated 13.11.2017 and 06.01.2018 and investigate the matter and file a final report before the Jurisdiction Magistrate Court.

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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 complaints given by him on 13.11.2017 and 06.01.2018 to the respondents 1 and 2, the same have 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

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

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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 1 and 2 are not justified in having received the complaints 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 complaints dated 13.11.2017 and 06.01.2018 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 the 3rd 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, the 3rd 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 3rd respondent's police station.

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

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Assistant Registrar(J)

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True Copy

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Sub-Assistant Registrar

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

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vv To

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The Commissioner of Police,
Greater Chennai,
Vepery, Chennai - 600 007.
2. The Deputy Commissioner of Police,
M.K.B.Nagar,
Chennai - 600 039.
3. The Inspector of Police,
P-6, Kodungaiyur Police Station,
Kodungaiyur, Chennai - 600 118.
4. The Public Prosecutor,
High Court, Madras.
+1 CC to Mr.K.M. Devar, Advocate sr 15529.
Crl.O.P.No.5758 of 2018
CNR(CO)
SP(12/03/2018)

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

M.Boomadevi, F/a 42 Yrs v. State Rep by

Case brief

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M.Boomadevi, F/a 42 Yrs v. State Rep by

Case brief

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