The prayer in the present petition is for registering the petitioner's complaint dated 20.02.2017.
2. It is now brought to the notice of this Court that the petitioner's complaint came to be closed on 19.04.2017 on the ground that the dispute is pending before this Court in civil proceedings. Further, as pointed out by the learned counsel for the petitioner, the dispute pertains to an arbitration award, which is under Appeal. Whereas the present complaint has been made against the accused in order to create encumbrance pending dispute before this Court.
3. The cause of action in the present complaint is totally different from the case pending before this Court and hence an enquiry needs to be conducted with the following directions;
1)If the information received by the 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 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 respondent's police station.
5. In the result, the final report dated 19.04.2017 is set aside and the Criminal Original Petition is ordered with the above directions.
14.09.2017 Index:Yes/No ak/smi M.S.RAMESH.J, ak/smi To
1. The Sub Inspector of Police, EDF-II, Team-IV, Central Crime Branch, Vepery, Chennai- 600 007
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.18406 of 2017 14.09.2017