Allowed

Chandrika, F/a 22 Years, v. the Superintendent of Police

Madras HC9 Mar 2018CRL OP/7190/2018

Case brief

AI extract

What is this about?

This Court allowed a Criminal Original Petition under Section 482 Cr.P.C. directing the respondent police to register an FIR or conduct a preliminary inquiry within 15 days if the complaint discloses a cognizable offence, based on duties under Section 154 Cr.P.C., and to record closure reports appropriately.

What did the court decide?

Petitioner directed to provide complaint copy to SHO; SHO to register FIR forthwith if cognizable offence disclosed, else conduct inquiry within 15 days and provide closure report with reasons within

Chandrika, F/a 22 Years, Vs the Superintendent of… — Criminal Trial and Appeal | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 09.03.2018

¶3

CORAM:

¶4

THE HONOURABLE MR. JUSTICE M.S.RAMESH

¶5

Crl.O.P.No.7190 of 2018

Chandrika

... Petitioner

Versus

The Superintendent of Police
Vellore District,
Vellore – 9.

¶10

The Inspector of Police, Umarabad Police Station, Vellore District. ... Respondents

¶11

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2^nd respondent to register the FIR based on the complaint dated 16.02.2018 given by the petitioner and investigate the same in accordance with law.

¶12

For Petitioner : Mr.M.Rajendiran

¶13

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

¶14

This petition is filed seeking a direction to the respondent police to direct the 2^nd respondent to register the FIR based on the complaint dated 16.02.2018 given by the petitioner and investigate the same in accordance with law.

¶15

By consent of both sides, this Criminal Original Petition is taken up for final disposal.

¶16

3.The grievance of the petitioner is that inspite of a complaint given by her on 16.02.2018 to the 2^nd 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

¶17

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

¶18

disclose a cognizable offence, a preliminary enquiry has to be conducted.

¶19

The 2^nd 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.

¶20

In the result, the petitioner is directed to give a copy of the complaint dated 16.02.2018 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.

¶21

If the information received by the 2^nd respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.

¶22

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.

¶23

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

¶24

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.

¶25

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.

¶26

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

¶27

Sd/Assistant Registrar(CS-VI)

¶28

//True Copy//

¶29

Sub Assistant Registrar

¶30

klt

¶31

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

¶32

¶33

The Superintendent of Police Vellore District,

¶34

Vellore – 9.

¶35

The Inspector of Police,

¶36

Umarabad Police Station,

¶37

Vellore District.

¶38

The Public Prosecutor,

¶39

High Court, Madras. +1cc to Mr.M.Rajendiran, Advocate, sr.18272

¶40

Crl.O.P.No.7190 of 2018
RMP(21/03/2018)

¶41

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

Chandrika, F/a 22 Years, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Chandrika, F/a 22 Years, v. the Superintendent 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

T.Krishnamurthy, Vs the Commissioner of Police

L.N.Pragasham, 58 Years, Vs the State Rep. by Its

C.Allimuthu, Vs the Superintendent of Police

R.Kathiravan, Vs The Deputy Commissioner of

Shankaran, a 53 Yrs Vs the Inspector of Police

S.Shyamsundar, M/a 45 Years, Vs the State Rep. by Its