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2017 Supreme(Mad) 4094

M.S.RAMESH
Pramiah – Appellant
Versus
State Represented by Joint Commissioner of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.C.Prabakaran
For the Respondents: Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER :

1. This petition is filed seeking a direction to the second respondent to register the FIR based on the petitioner's complaint dated 04.07.2016 in CSR. No.58/W31AWPS/2016 on the file of the respondent police.

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 her on 04.07.2016 to the first 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 second 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 Procedu









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