Back
2017 Supreme(Mad) 3660
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. RAMESH, J.
K. Siva Shankar - Petitioner
Versus
The Inspector of Police, Virugambakkam Police Station & Others - Respondents
Crl. O.P. No. 23933 of 2017
Decided On : 08-11-2017
For the Petitioner:R. John Sathyan, Advocate.
For the Respondents: C. Iyyapparaj, Additional Public Prosecutor.
The judgment reaffirmed the mandatory nature of registering an FIR if the information discloses a cognizable offence and the requirement for a preliminary inquiry if the information does not disclose a cognizable offence.
Headnote:
Inherent Powers - Criminal Procedure Code - Registration of FIR and Preliminary Inquiry
Fact of the Case:
The petitioner filed a petition seeking direction to investigate a complaint that had been kept in abeyance without any action by the respondents.
Finding of the Court:
The court found that the respondents were not justified in keeping the complaint unattended and invoked its inherent powers under Section 482 of the Criminal Procedure Code to issue directions.
Issues: The issue was whether the complaint disclosed a cognizable offence and whether the respondents were justified in not taking any action on the complaint.
Ratio Decidendi: The court relied on the judgment of the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others, which established that registration of an FIR is mandatory under Section 154 of the Code of Criminal Procedure if the information furnished to the police officer discloses commission of a cognizable offence.
Final Decision: The Criminal Original Petition was allowed, and the petitioner was directed to provide a copy of the complaint to the Station House Officer, who was instructed to take specific actions based on the nature of the information received.
1. This petition has been filed seeking a direction to the first respondent a case on the complaint dated 18.09.2017 acknowledged in CSR. No.1111 of 2017 on the file of the first respondent and investigate into the case.
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 18.09.2017 to the above respondents, 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 respondents are 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.
5. In the result, the petitioner is directed to give a copy of the complaint dated 18.09.2017 to the Station House Officer having territorial jurisdiction over the issue. On receipt of the said copy of the complaint, the concerned Station House Officer shall adhere to the following directions.
(1) If the information received by the first 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 first 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 fifteen 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 first respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
