HC can be moved for FIR only after going to SHO, SP,magistrate

The Madras High Court today held that petitions seeking direction for registration of FIR under section 482 of CrPC should be filed before it only after approaching the police station, the SP and jurisdictional magistrate concerned.
The court gave the ruling while dismissing a batch of petitions seeking a direction to the police to register FIR on complaints under Section 482 of CrPC (inherent powers of high court).
"A petition under section 482 CrPC for a direction to register an FIR on the complaint of the petitioner circumventing the timetable prescribed by the Supreme Court (six weeks) in Lalitha Kumari's case is not maintainable," it said.

The court had on September 12 reserved its order after extensive arguments for and against the power of the court under Section 482 of CrPC.
In a detailed order, it said that under Article 144 of the Constitution a duty was cast upon the high court to act in aid of the Supreme Court and in the Lalitha Kumari case, the apex court had given a timetable for the police to act.
Breach of duty by the police gave it power to interfere under Article 144 read with CrPC Section 482 and direct registration of FIR.

However, to assume this jurisdiction, it was imperative for the petitioner to wait for the outer limit of six weeks to get over and only then can the high court be approached.

It also said such petitions shall not be numbered unless accompanied by an affidavit sworn in by the complainant with satisfactory materials to show that police have not completed the preliminary inquiry (within the six weeks).
In the meantime, if there was an urgency, the party could move the magistrate under section 156(3) CrPC.
Petitioner may approach the high court, if aggrieved either by inaction or otherwise of the magistrate in the aforesaid proceedings, the order said.
Issuing several directions to police, it said all station house officers (SHOs) in Tamil Nadu and Union Territory of Puducherry on receipt of complaint relating to commission of cognisable offence shall immediately issue a community service register (CSR) receipt if the SHO wants to conduct a preliminary enquiry or issue a separate receipt after making necessary entries in the station general diary.

The court said if the SHO refuses to receive the complaint, the complainant shall send it together with a covering letter to the superintendent of police/deputy commissioner of police by registered post with acknowledgement due.
If police come to a conclusion that no FIR need be registered, they should furnish a copy of the closure report to the complainant.
If there was inaction on the part of the SHO and the SP or if the complainant was not satisfied with their action, he would be at liberty to move the magistrate, who can order probe under section 202 CrPC to a limited extent, the court ruled.

The magistrate should pass an order within 15 days and if FIR was not registered within one week, the police officer concerned can be prosecuted, the court said.
It also warned of disciplinary action against the police officers in case of failure to register the FIR.
It gave liberty to the complainants to approach the local Legal Services Authority who shall take immediate steps to ensure that an FIR was registered or CSR receipt issued to them and directed all police stations to display the name and telephone number of local legal services authority.