Allowed

Tmt.Arokiamarry v. the Commissioner of Police

Madras HC19 Mar 2018CRL OP/8358/2018

Case brief

AI extract

What is this about?

This Criminal Original Petition sought a direction to the police to register a case on the petitioner's complaint. The Court invoked inherent powers under Section 482 Cr.P.C., directing the police to register the FIR or conduct a preliminary inquiry following Supreme Court precedents.

What did the court decide?

Petitioner directed to provide complaint copy to SHO; Police directed to register FIR immediately if cognizable offence disclosed, otherwise conduct preliminary inquiry within 15 days.

Tmt.Arokiamarry Vs the Commissioner of Police — Criminal Trial and Appeal | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.03.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.8358 of 2018

Arokiamarry

... Petitioner

Vs.

The Commissioner of Police, Commissioner Office, Coimbatore.

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State rep.by The Inspector of Police, Saravanapatti Police Station, (L&O) Coimbatore District. ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to register a case based on the petitioner's complaint dated 27.02.2018.

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For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side) 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 27.02.2018.

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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 27.02.2018 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 further

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

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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 complaint dated 27.02.2018 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/Assistant Registrar(CS-VII)

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dna/ak

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

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The Commissioner of Police, Commissioner Office, Coimbatore.

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The Inspector of Police, Saravanapatti Police Station, (L&O) Coimbatore District.

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The Public Prosecutor,
High Court, Madras.
+1 CC TO MR.B.Kumarasamy, Advocate SR. No.21367
Crl.O.P.No.8358 of 2018
RMP(02/04/2018)

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

Tmt.Arokiamarry v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Tmt.Arokiamarry v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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