Allowed

S.Balakrishnan, 27 Yrs v. the Commissioner of Police

Madras HC22 Mar 2018CRL OP/8904/2018

Case brief

AI extract

What is this about?

The Court directed the District Police to register an FIR or conduct a preliminary inquiry within 15 days if a cognizable offence was disclosed. The proceedings regarding the complaint dated 14.03.2018 were disposed of in favor of the complainant.

What did the court decide?

Petitioner directed to submit complaint copy; Second Respondent to register FIR or conduct preliminary inquiry within 15 days; closure report to be furnished within one week if inquiry results in clos

S.Balakrishnan, 27 Yrs Vs the Commissioner of Police — Cheque Dishonour | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 22.03.2018

¶3

CORAM:

¶4

THE HONOURABLE MR. JUSTICE M.S.RAMESH

¶5

Crl.O.P.No.8904 of 2018

¶6

S.Balakrishnan ... Petitioner
Versus
1.The Commissioner of Police,
Greater Chennai,
Veppary,
Chennai-600 007.
2.The Inspector of Police,
Choolaimedu Police Station,
Chennai-600 094.
... Respondents
Criminal Original Petition filed under Section 482
Cr.P.C. praying to direct the second respondent to register
the complaint the petitioner dated 14.03.2018.

¶7

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

¶8

This petition is filed seeking a direction to direct the second respondent police to register a case on the basis of the petitioner's complaint dated 14.03.2018.

¶9

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

¶10

3.The grievance of the petitioner is that inspite of a complaint given by him on 14.03.2018 to the second 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 https://hcservices.ecourts.gov.in/hcservices/ 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.

¶11

The second 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.

¶12

In the result, the petitioner is directed to give a copy of the complaint dated 14.03.2018 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.

¶13

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

¶14

If an information received does not disclose a cognizable offence, the third second 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.

¶15

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

¶16

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.

¶17

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 second respondent's police station.

¶18

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

¶19

Sd/-

¶20

Assistant Registrar(CS VIII)

¶21

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

¶22

Sub Assistant Registrar

¶23

klt

¶24

To
1.The Commissioner of Police,
Greater Chennai,
Veppary,
Chennai-600 007.
2.The Inspector of Police,
Choolaimedu Police Station,
Chennai-600 094.
3.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.8904 of 2018
rv(CO)
GSP(16/04/2018)

¶25

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

S.Balakrishnan, 27 Yrs v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

S.Balakrishnan, 27 Yrs v. the Commissioner 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

Mr.N.P.Shyam Kumar, M/34 Vs the State Representation by

A.Vadivel, MALE/66 Vs the Superintendent of Police

T.S.Ramesh, M/a 48 Years, Vs the State Rep by Its

Sujatha, 35 Yrs, Vs N.Arulvelam

Mangai, 45 Yrs Vs the State by

P.Ramesh, M/a 38 Years, Vs the State Rep by Its