Allowed

Mr.Micheal D.S.Dowie, v. the Commissioner of Police

Madras HC16 Mar 2018CRL OP/8173/2018

Case brief

AI extract

What is this about?

The Court allowed a Criminal Original Petition filed under Section 482 Cr.P.C., directing police to register an FIR if a complaint discloses a cognizable offence or conduct a preliminary inquiry within fifteen days if the offence is not apparent, citing Lalita Kumari.

What did the court decide?

Directed police to register FIR if cognizable offence disclosed, or complete preliminary inquiry within 15 days; closure report to be furnished within one week if complaint closed.

Mr.Micheal D.S.Dowie, Vs the Commissioner of… — Civil Procedure and Limitation | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.03.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.8173 of 2018

Micheal

... Petitioner

Vs.

1.The Commissioner of Police, O/o.The Commissioner of Greater Chennai, Greater Chennai Police, Egmore, Chennai 600 008.

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2.The Inspector of Police, N-1, Royapuram Police Station, Chennai 600 013. ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to register the complaint dated 28.02.2018 and to investigate the same as in accordance with law expeditiously and consequently direct the first respondent to monitor the investigation of the same.

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ORDER

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This petition is filed seeking a direction to the second respondent police to register a case on the basis of the petitioner's complaint dated 28.02.2018

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Heard learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) for the respondents.

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The grievance of the petitioner is that inspite of a complaint given by him on 28.02.2018 to the respondents, 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

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

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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 are 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.

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In the result, the petitioner is directed to give a copy of the complaint dated 28.02.2018 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.

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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 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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Sd/-

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Assistant Registrar(CS-III)

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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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dna/at

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The Commissioner of Police,
O/o.The Commissioner of Greater Chennai,
Greater Chennai Police,
Egmore, Chennai 600 008.
2. The Inspector of Police,
N-1, Royapuram Police Station,
Chennai 600 013.
3. The Public Prosecutor,
High Court, Madras.
+1 CC TO MR.Nathan and Associates, Advocate SR. No.20232
Crl.O.P.No.8173 of 2018
RSY(CO)
RMP(02/04/2018)

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

Mr.Micheal D.S.Dowie, v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Mr.Micheal D.S.Dowie, v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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