Madhya Pradesh High Court
Kamla vs State Of M.P on 22 April, 2016
1
MCRC No.7734/2013
(Smt. Kamla vs. The State of M.P. & Another)
22.04.2016
Shri Ankur Maheshwari, Advocate for the petitioner.
Shri Mohd. Irshad, Panel Lawyer for respondents/State.
This petition under Section 482 of the Cr.P.C. seeks direction to the police authorities to register an offence based on the complaint (Annexure P/1) made by the petitioner.
2. It is the further grievance of the petitioner that despite informing police authority of commission of cognizable offence by way of Annexures P-1, no FIR has been lodged till date.
3. Learned counsel for the petitioner has placed reliance on the recent decision of the Apex Court in the case of Lalita Kumari Vs. Government of U.P. & Ors. reported in (2014) 2 SCC 1.
4. In terms of the law laid down by the Apex Court in Lalita Kumari (Supra), this petition stands disposed of with the following directions :-
1. If the information discloses commission of a cognizable offence, then the police officer is duty bound to register FIR under Section 154 of the Code.
2. If the information received does not disclose on its face a cognizable offence, a preliminary inquiry may be conducted only to find out whether cognizable offence is disclosed or not. Some of the category of cases in which preliminary inquiry may be made are as under:
a. Matrimonial disputes/ family disputes b. Commercial offences c. Medical negligence cases d. Corruption cases e. Cases where there is abnormal delay in initiating 2 MCRC No.7734/2013 (Smt. Kamla vs. The State of M.P. & Another) criminal prosecution, for example, over 3-months' delay in reporting the matter without satisfactorily explaining the reasons for delay.
5. The aforesaid are only illustrations and not exhaustive list of the cases which may warrant preliminary inquiry.
6. The procedure and mode of conducting preliminary inquiry will depend on the facts and circumstances of each case.
7. The purpose of preliminary inquiry is not to verify the truthfulness, reasonableness or credibility of the information so received. It is only to find out whether the information reveals any cognizable offence.
8. The preliminary inquiry in all circumstances should be concluded within a period of 7 days.
9. The details of preliminary inquiry including the fact of any delay and its causes must be reflected in the General Diary entry.
10. If the preliminary inquiry discloses the commission of a cognizable offence, the FIR must be registered immediately.
11. In cases where preliminary inquiry does not disclose the commission of any cognizable offence, the complaint shall be closed. A copy of the entry of such closure must be immediately supplied to the first informant by post and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
12. In such cases where preliminary inquiry ends in closure, the complainant/first informant may take recourse to remedy available in law.
13. This petition stands disposed of with no cost.
(Sheel Nagu) Judge