Allowed

Mrs.Sundari, v. the Inspector of Police

Madras HC1 Mar 2018CRL OP/6383/2018

Case brief

AI extract

What is this about?

The High Court, invoking inherent powers under Section 482 CrPC, directed the police to either register an FIR immediately if the complaint disclosed a cognizable offence or conduct a preliminary inquiry within 15 days if it did not, following the standards set in Lalita Kumari.

What did the court decide?

Petitioner directed to submit complaint copy to SHO, who must register FIR if cognizable offence disclosed or complete preliminary inquiry within 15 days if not.

Mrs.Sundari, Vs the Inspector of Police — Criminal Trial and Appeal | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 01.03.2018

¶3

CORAM:

¶4

THE HONOURABLE MR. JUSTICE M.S.RAMESH

¶5

Crl.O.P.No.6383 of 2018

¶6

Sundari ... Petitioner

¶7

Vs.

¶8

State represented by The Inspector of Police, M-2 Madhavaram Milk Colony Police Station, Madhavaram, Chennai – 600 068. ... Respondent

¶9

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register an FIR on the complaint dated 23.01.2018 (CSR. No. 40/2018) given by the petitioner and inviestigate into the offences committed by the Accused 1 to 3 herein and to file a final report.

¶10

For Petitioner : Mr.P.V.Balasubramaniam for M/s.BFS Legal

¶11

For Respondent : Mr.C.Raghavan
Government Advocate (Crl.Side)
ORDER

¶12

This petition is filed seeking a direction to the respondent police to register a case on the basis of the petitioner's complaint dated 23.01.2018. 2.By consent of both sides, this Criminal Original Petition is taken up for final disposal.

¶13

3.The grievance of the petitioner is that inspite of a complaint given by her on 23.01.2018 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.

¶14

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

¶15

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.

¶16

5.In the result, the petitioner is directed to give a copy of the complaint dated 23.01.2018 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.

¶17

1)If the information received by the respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.

¶18

2)If an information received does not disclose a cognizable offence, the 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.

¶19

If the inquiry discloses the commission of a cognizable offence, the FIR must be registered, if not already registered or closed.

¶20

If the preliminary inquiry ends in closing the complaint, the disclosure report must be recorded along with the reasonings and a copy of the same shall be furnished to the complainant within one week.

¶21

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 respondent's police station.

¶22

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

¶23

Sd/Deputy Registrar

¶24

//True copy//

¶25

Sub Assistant Registrar

¶26

¶27

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

¶28

¶29

The Inspector of Police, M-2 Madhavaram Milk Colony Police Station, Madhavaram, Chennai – 600 068. 2.The Public Prosecutor, High Court, Madras.

¶30

+1cc to Mr.BFS LEgal, Advocate SR.No.15854
Crl.O.P.No.6383 of 2018
GN(14/03/2018)

¶31

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

Mrs.Sundari, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Mrs.Sundari, v. the Inspector 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

Dhanam, F/a 52 Yrs, Vs the Inspector of Police

M/S.Cognizant Technology Vs the Inspector of Police

E.Dhamodharan, Aged 36 Years, Vs State Rep. by

R.Srinivasan, Vs the State Rep by Its

Mr.Shabeer Ahemed, Vs the State Rep by Its

S.Uma F/34, Vs the Superintendent of Police