Police must conduct an enquiry for cognizable offences before closing a complaint without investigation.

ORDER

The present Criminal Original Petition has been filed seeking to set aside the closure report in CSR.No.238 of 2025 issued by the respondent police.

2. The petitioner herein lodged a complaint before the respondent police on 18.10.2025 stating that he was attacked by his relatives. The said relatives have also lodged a counter complaint, based on which an FIR has been registered in Crime No.163 of 2025. The complaint given by the petitioner in CSR No.238 of 2025 has been closed under the impugned order on the ground that, since an FIR has already been registered on the complaint of the other relatives, no useful purpose would be served by proceeding with CSR No.238 of 2025.

3. According to the learned Counsel for the petitioner, when a cognizable offence is made out, the police officials are bound to conduct an enquiry and register an FIR. However, in the present case, the complaint lodged by the other parties has been taken on file and an FIR has been registered, whereas the complaint lodged by the petitioner has been closed even without conducting any enquiry or investigation.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that since it is a counter case, in view of the registration of an FIR on the complaint lodged by the other party, the enquiry in CSR.No.238 of 2025 has been closed.

5. In view of the above circumstances, this Court finds that no valid reasons have been assigned in the impugned order for closing CSR No.238 of 2025. Without conducting an enquiry or investigation, the complaint cannot be closed. Therefore, the impugned order is hereby set aside and the respondent is directed to conduct a detailed enquiry and if any cognizable offence is made out, register an FIR.