This petition is filed seeking a direction to the 1st respondent to consider the representation dated 06.05.2017 and register a case based on the complaint lodged by the petitioner dated 10.03.2017 and investigate the same according to law.
2. By consent of both sides, this Writ Petition is taken up for final disposal.
3. The grievance of the petitioner is that in spite of a complaint given by him on 10.03.2017 to the 1st 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.
4. 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. Hence, the 2nd respondent is directed as follows:
1)If the information received by the 2nd respondent 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 2nd 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 seven days from the date of information.
3) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered, if not already registered or closed.
4) If the preliminary inquiry ends in closing the complaint, the disclosure report must be recorded along with the reasonings and a copy of the same shall be furnished to the complainant within one week.
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 2nd respondent's police station.
5. With the above direction, the Writ Petition is disposed of. No costs.
21.09.2017 Index : Yes/No gya To
1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.
2.The Sub-Inspector of Police, EDF-II, Team III, CCB, Vepery, Chennai-7.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
gya W.P.No.16013 of 2017 21.09.2017