This petition is filed seeking a direction to the respondent to register a case based on the complaint lodged by the petitioner dated 07.09.2017 and investigate the same according to law.
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 07.09.2017 to the 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 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 respondent(appropriate investigation officer) is directed as follows:
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. M.S.RAMESH.J, dh/dpq
5.In the result, the Criminal Original Petition is allowed with the above directions.
21.09.2017 Index:Yes/No dh/dpq To
1.The Additional Director General of Police, CB-CID, Chennai.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.20060 of 2017 Crl.O.P.No.20060 of 2017 M.S.RAMESH.J., Today, this case is listed under the caption for being mentioned at the instance of the learned Additional Public Prosecutor.
2. It is submitted by the learned Additional Public Prosecutor that the petitioner has not made out the Station House Officer as a party to the present petition. Hence, the direction is given by this Court earlier by order dated 21.09.2017, the respondent has not been able to comply with the order.
3. On a perusal of the complaint, it is seen that the cognizable offence has been made out. Hence, the concerned respondent police is directed to register the First Information Report and conduct proper investigation in accordance with law.
4.Such an exercise of registering the First Information Report shall be done within a period of one week from the date of receipt of a copy of this order. M.S.RAMESH.J., rkp/smi
5. Except the above clarification/modification, the earlier order dated 21.09.2017 shall remain intact.
27.10.2017 rkp/smi Crl.O.P.No.20060 of 2017