Madras High Court
S.Valliammal vs The State Of Tamil Nadu on 4 September, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Crl.O.P.No.18071 of 2017
S.Valliammal ...Petitioner
.Vs.
1. The State of Tamil Nadu,
Rep. By its Secretary,
Home Department,
Fort St. George,
Chennai-600 009.
2. The Deputy Commissioner of Police,
Anna Nagar Range,
Anna Nagar,
Chennai-600 040.
3. The Assistant Commissioner of Police,
Anna Nagar Range,
Anna Nagar,
Chennai-600 040.
4. The Inspector of Police,
K-4, All Women Police Station,
Anna Nagar,
Chennai-600 040. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Inspector of Police, K-4 All Women Police Station, Anna Nagar, Chennai-600 040 the 4th respondent herein to register an FIR on the complaint dated 08.08.2017 of the petitioner and investigate the crime file the final report as required under section 170(1) of the code of Criminal Procedure.
For Petitioner : Mr.K.Balakrishnan
For Respondents : Mr.P.Govindarajan
Additional Public Prosecutor.
ORDER
This petition is filed seeking a direction to the first respondent to register a case on the basis of a complaint given by the petitioner dated 08.08.2017.
2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
3.The grievance of the petitioner is that inspite of a complaint given by her on 08.08.2017 to the first respondent seeking for registering the FIR, 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 first 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, 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 M.S.RAMESH,J.
smn/ga 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.
04.09.2017 Index:Yes/No smn/ga To,
1. The State of Tamil Nadu, Rep. By its Secretary, Home Department, Fort St. George, Chennai-600 009.
2. The Deputy Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai-600 040.
3. The Assistant Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai-600 040.
4. The Inspector of Police, K-4, All Women Police Station, Anna Nagar, Chennai-600 040.
5. The Public Prosecutor, High Court, Madras. Crl.O.P.No.18071 of 2017