This petition is filed seeking a direction to the second respondent to register a case on the complaint lodged by the petitioner on 14.06.2017 and to file a final report within a stipulated period.
2. When the matter was called today, Mr.P.Govindarajan, learned Additional Public Prosecutor has submitted that the petitioner's complaint dated 14.06.2017 has been closed as civil in nature on the ground that the complainant did not disclose the place and date in which the occurrence took place. However on reading of complaint, it is very clear that the date as well as the address in which the occurrence took place have been mentioned. 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 second respondent police is directed to take up the complaint and register the same after following the procedure as mentioned here under:
1)If the information received by the second 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 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 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 second respondent's police station.
5.In the result, the Criminal Original Petition is allowed with the above directions.
26.07.2017 Index:Yes/No rts M.S.RAMESH J, rts To
1.The Commissioner of Police Greater Chennai, Vepery, Chennai 600 007.
2.The Inspector of Police, Ayanavaram Police Station, Ayanavaram, Chennai 600 023.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.13927 of 2017 26.07.2017