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The Madras High Court has directed police to register a case on an NGO's complaint, alleging sexual abuse of children by the founder of an orphanage in suburban Ambattur. Justice M S Ramesh gave the direction while disposing of the petition of NGO Change India, which contended that no actionhad been taken on its complaint that children at the orphanage were sexually abused by its founder, who allegedly received donations from abroad and also indulged in trafficking. The judge directed police to register a case on the complaint if a cognizable offence is disclosed and complete the process within a week. "If the inquiry discloses the commission of a cognizable offence, the FIR must be registered.
If the preliminary inquiry ends in closing the complaint, the disclosure report must be recorded along with the reasoning and a copy of the same shall be furnished to the complainant within a week,"the judge said. Quoting a Supreme Court judgment, Justice Ramesh said thatregistration of an FIR was mandatory under Section 154 of the CrPC (information in cognizable cases) if information furnished to the police officer disclosed commission of a cognizable offence. In cases where the information does not disclose it, a preliminary enquiry has to be conducted, the judge said. Justice Ramesh said the inspector concerned was 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 CrPC," (saving inherent powers of the high court) the judge said and gave the directions.
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