Allowed

Mangai, 45 Yrs v. the State by

Madras HC22 Mar 2018CRL OP/8851/2018

Case brief

AI extract

What is this about?

The High Court, invoking inherent powers under Section 482 Cr.P.C., directed the police to register an FIR if the complaint disclosed a cognizable offence or conduct a preliminary inquiry within 15 days otherwise, referencing Lalita Kumari.

What did the court decide?

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

Mangai, 45 Yrs Vs the State by — Criminal Trial and Appeal | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.03.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.8851 of 2018

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Mangai ... Petitioner

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Vs.

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The State by The Inspector of Police, Taluk Police Station, Chengalpattu, Kancheepuram District. ... Respondent

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to register the complaint in CSR No.104/2018 dated 15.03.2018.

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For Petitioner : Mr.M.Shankar For Respondent : Mr.C.Raghavan Government Advocate (Crl.side) O R D E R

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This petition is filed seeking a direction to the respondent police to register a case on the basis of the petitioner's complaint dated 15.03.2018.

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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 her on 15.03.2018 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.

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

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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.

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5.In the result, the petitioner is directed to give a copy of the complaint dated 15.03.2018 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 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 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 respondent's police station.

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

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Assistant Registrar(CS IX)

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//True Copy//

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

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The Inspector of Police, Taluk Police Station, Chengalpattu, Kancheepuram District.

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.M.Shankar, Advocate, S.R.No.22127

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Crl.O.P.No.8851 of 2018
RRK(17/04/2018)

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

Mangai, 45 Yrs v. the State by

Case brief

What is this about?

What did the court decide?

Mangai, 45 Yrs v. the State by

Case brief

What is this about?

What did the court decide?

What the court decided

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