Single-judge High Court ordered police to immediately process a pending complaint under Section 492 CrPC, requiring registration of FIR if cognizable offence is disclosed or preliminary inquiry within 15 days if not.
Petitioner directed to give copy of complaint to SHO; SHO to register FIR or conduct inquiry per directions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Crl.O.P.No.9679 of 2018
B.Paneerselvam
... Petitioner
Vs.
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents police to register the petitioner's complaint dated 08.06.2015 pending before the 2nd respondent herein.
For Petitioner : Mr.V.Devdehiran For Respondents : Mr.C.Raghavan Government Advocate (Crl.side) O R D E R
This petition is filed seeking a direction to the concerned Station House Officer's police to register a case on the basis of the petitioner's complaint dated 08.06.2015.
2.By consent of both sides, this Criminal Original Petition is taken up for final disposal.
3.The grievance of the petitioner is that inspite of a complaint given by him on 08.06.2015 to the 2nd 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.
5.In the result, the petitioner is directed to give a copy of the complaint dated 08.06.2015 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.
1)If the information received by the concerned Station House Officer discloses commission of a cognizable offence, then, the same shall be forthwith registered.
2)If an information received does not disclose a cognizable offence, the concerned Station House Officer 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.
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 concerned Station House Officer's police station.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
at
To
RRK(20/04/2018)
3 issues framed by the court
Whether the direction to police to register a case based on a complaint under Section 482 CrPC is justified when the complaint remains unattended.
Whether police are required to register an FIR if information discloses a cognizable offence and conduct preliminary inquiry otherwise.
Whether closure report must be furnished to the complainant within one week if inquiry ends in closing the complaint.
Colour shows how this judgement treated each authority
Lalita Kumari Vs. Government of Uttar PradeshReferred¶15
Lalita Kumari Vs. Government of Uttar Pradesh and others [2013 (6) CTC 353]
2 provisions across 1 enactments
B.Paneerselvam
Superintendent of Police, Kanchipuram District
Deputy Superintendent of Police, Kanchipuram Circle
M.S.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
