Allowed

Y.Akbar Ahmed, M/37 Years v. the Deputy Commissioner of

Madras HC6 Mar 2018CRL OP/6052/2018

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Original Petition directed police to register a case if a cognizable offense was disclosed. The court mandated a preliminary inquiry within fifteen days if no offense was apparent.

What did the court decide?

Directing the Station House Officer to either register the FIR if a cognizable offense is disclosed or conduct a preliminary inquiry within fifteen days.

Y.Akbar Ahmed, M/37 Years Vs the Deputy Commissioner… — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.03.2018

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CORAM:

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THE HONOURABLE MR JUSTICE M.S.RAMESH

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Crl.O.P.No.6052 of 2018

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Y.Akbar Ahmed ... Petitioner
Vs.
1. The Deputy Commissioner of Police,
Central Crime Branch -I
Vepery, Chennai-07.
2. The Inspector of Police,
Anti Land Grabbing Special Cell - II,
Chennai. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C. praying to direct the respondent herein to register a
case on the complaint of the petitioner dated 28.09.2018.
For Petitioner : Mr.S.Madhusudanan
For Respondents : Mrs.P.Krithka Kamal
Government Advocate (Crl.Side)
ORDER
This petition is filed seeking a direction to the
respondent herein to register a case on the complaint of the
petitioner dated 28.09.2018.

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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 complaint given by him on 28.09.2017 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 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 first respondent is not justified in having received the complaint and keeping it unattended without any https://hcservices.ecourts.gov.in/hcservices/ further action. In view of the same, the petitioner has made

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out a case for this Court to invoke its inherent powers under Section 482 of the Criminal Procedure Code.

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In the result, the petitioner is directed to give a copy of the complaint dated 28.09.2018 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 2^nd 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 2^nd 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

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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 2^nd 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(CS ) //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 -I Vepery, Chennai-07.

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The Inspector of Police, Anti Land Grabbing Special Cell - II, Chennai.

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3.The Public Prosecutor,
High Court, Madras.
+ 1 cc to MR. S. Madhusudanan, Advocate Sr.17694
Crl.O.P.No.6052 of 2018
(CS-DR)
EU(21/03/2018 )

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

Y.Akbar Ahmed, M/37 Years v. the Deputy Commissioner of

Case brief

What is this about?

What did the court decide?

Y.Akbar Ahmed, M/37 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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