This petition is filed seeking a direction to the fourth respondent to register a case based on the complaint lodged by the petitioner dated 26.04.2017 and investigate the same in accordance with law.
2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 5.
3.The grievance of the petitioner is that inspite of a complaint given by him on 26.04.2017 to the fourth 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.The fourth 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. Hence, the fourth respondent is directed as follows:
1)If the information received by the fourth 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 fourth 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.
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 fourth respondent's police station.
5.In the result, the Criminal Original Petition is allowed with the above directions.
20.09.2017 Index: Yes/No Website:Yes/No mrp To
1. The Commissioner of Police, Chennai City Police, EVK Sampath Road, Vepery, Chennai 600 007.
2. The Director General of Police, Tamil Nadu Police, Head Quarters, Dr.R.K.Salai, Mylapore, Chennai 600 004.
3. The Superintendent of Police, District Police Officer, Master Plan Complex, Thiruttani Road, Thiruvallur 602 001.
4. The Inspector of Police, CB CID, Anti Human Trafficking Cell (Anti Vice Squad), fourth Floor, Block - 3, Electronic Complex, SIDCO Industrial Estate, Guindy, Chennai 600 032.
M.S.RAMESH.J, mrp
5. The Inspector of Police, Ambattur, Chennai 600 058.
6. The Child Welfare Committee, Children Home for Boys and Girls under IRCDS, No.6, Namakkal Ramalingam Street, Rajajipuram, Tiruvallur 602 001.
7. Balagurukulam Orphanage for Children, Represented by S.K.Ranjith Founder and Managing Trustee, 1, Ashram St. Murugambedu, Kallikuppam, Ambattur, Chennai 600 053.
8. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.19700 of 2017 20.09.2017