The Madras High Court today came down heavily on nearly one year delay by police in registering an FIR on a cheating complaint given directly to Police Commissioner and cautioned them to follow the directions of the Supreme Court and this court on registering FIRs.
"At least in future the direction issued by Supreme Court should be scrupulously followed by police in this state and action should be taken against police officers who abdicate their duty to register the case as directed by the Supreme Court," Justice S Nagamuthu said, dismissing the bail application of the main accused, Elumalai.
Petitioner Murugan contended he had filed a complaint on February 11, 2013 with CoP but the case was registered only on February 18 this year, that too on directions of high court after he moved it, frustrated by the inordinate delay.
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Murugan said a man posing as a professor in a medical college had cheated him of Rs 17.18 lakh, promising to get his son a seat in the Pondicherry Institute of Medical Sciences.
The money was given to first accused Ganesh, he said and contended that the inordinate delay in registering FIR had resulted in the man fleeing to Nepal and police not being able to arrest him.
This prompted the judge to remind authorities and public to approach jurisdictional Station House officers at the first instance immediately to lodge the complaint.
A case was registered against four accused in the case only on the direction of the court.
The judge called for the entire records relating to the case and dwelt on the manner in which the complaint travelled from the topmost officer to the jurisdictional police officer, even after which no case was registered.
Dissatisfied, Murugan moved the high court against the "inaction" of police in registering a case. The court then directed police to do so and only then a case was registered against four persons and two were arrested.
Dismissing Ezhumalai's bail petition, the judge said the court had come across instances in a number of matters where information on cognizable offences were given directly to CoP or other top police officers for prompt action, but delay had paved the way for culprits to escape from clutches of law by causing disappearance of evidence and fabricating documents.
The judge said there needs to be a thorough investigation on the huge amount involved in similar nature of offences and whether it is a big scam involving many more persons and directed the registry to mark a copy of the order to DGP and CoP.
On November 12 2013, the apex court held that registration of FIR in cognisable offences is a must and action must be taken against police officials for not lodging a case in such offences.
It also said action must be taken against erring police officials for not registering FIR in cognisable offences.
