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Showing contexts for: 154 crpc in Sugesan Transport Pvt. Ltd vs The Assistant Commissioner Of Police on 17 August, 2016Matching Fragments
9. In our opinion, whenever it is alleged that a criminal offence has been committed, the complainant should ordinarily first avail of his remedy of filing an F.I.R. in the police station under Section 154(1) of the Cr.P.C.
10. Under that provision information relating to the commission of cognizable offence can be given to an officer in charge of the police station. Section 154(3) of the Cr.P.C. states that if an officer in charge of the police station refuses to record the information referred to in sub section (1) of Section 154 of the Cr.P.C. the complainant can send the substance of the information in writing by post to the Superintendent of Police concerned. Thus, if the Station House Officer of a police station refuses to register an FIR, the complainant has an alternative remedy of approaching the Superintendent of Police under Section 154(3) of the Cr.P.C.
46 The Lalita Kumari conundrum began in 2008 and ultimately, ended in 2014. The chronology is as follows:
Lalita Kumari I (2008) 7 SCC 164 Lalita Kumari II (2008) 14 SCC 337 Laiita Kumari III (2012) 4 SCC 1 Lalita Kumari IV (2014) 2 SCC 1 Lalita Kumari V (unreported order dated 05.03.2014) 47 It is true that there is a reference to Sakiri Vasu in Lalita Kumari-III. But, the Supreme Court has not dissented from Sakiri Vasu. Ultimately, in Lalita Kumari-IV, the Constitution Bench of the Supreme Court dealt with the provisions of Section 154, Cr.P.C. and declared that when the complaint discloses commission of a cognizable offence, the Station House Officer is bound to register an FIR. The Supreme Court has clearly held that registration of an FIR under Section 154, Cr.P.C. is different and distinct from investigation of the case under Section 157, Cr.P.C. However, after holding so, in the operative portion of the order, the Supreme Court has issued the following directions, whereby, a preliminary enquiry is permitted in certain classes of cases. Paragraph no.120.6 and 120.7 of the said judgment read as under:
79 If a party had moved the Magistrate under Section 156(3) Cr.P.C. and a judicial order is passed, this Court will automatically get the power under Section 482 Cr.P.C. to look into the grievance of the complainant. Until then, the non-acceptance of the complaint by the police officer under Section 154 Cr.P.C. cannot confer jurisdiction on this Court to issue directions as prayed for.
80 This Court does not want to merely state the law and leave it at that, by ignoring the ground reality that police do not even receive the complaint given by a victim. The power for the police to detect an offence and bring the offender to justice flows from Section 21 of the Tamil Nadu District Police Act, 1859, (for brevity the District Police Act) which reads as follows:
98 As discussed above, this Court will not shut its door completely and deny access to justice. This Court will entertain an application under Section 482, Cr.P.C. on the failure of the police to follow the time table in Lalita Kumari-IV and V or not paying heed to the order passed by the Magistrate under Section 156(3), Cr.P.C. At present, the relief under Section 482, Cr.P.C. is being sought by way of a mere petition. Taking cue from the dictum laid down by the Supreme Court in Priyanka Srivastava, this Court is of the view that the complainant must file an affidavit before this Court setting down the dates on which the complaint was given to the Station House Officer under Sections 154(1) and 154(3) Cr.P.C. with supporting proof. This Court is insisting on an affidavit, because, in several instances, it came to the notice of this Court that the complaint sent to the police differed from the copy of the complaint annexed in the typed set of papers. To obviate such sharp practices, this Court directs that a petition under Section 482, Cr.P.C. should be accompanied by an affidavit of the petitioner detailing the steps taken by him to give complaint under Section 154 Cr.P.C. to the Station House Officer and under Section 154(3) Cr.P.C. to the Superintendent of Police with supporting materials. It is made clear that this Court will not entertain complaints addressed to the Hon'ble Chief Minister of the State, Chief Secretary, Home Secretary, Director General of Police and other gubernatorial authorities. The complaint must be addressed to the Station House Officer at the first instance under Section 154(1), Cr.P.C. and thereafter, to the Superintendent of Police/Deputy Commissioner of Police under Section 154(3), Cr.P.C.