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Citing a Supreme Court order that it was the duty of the police to register the case, investigate the matter and file a charge sheet if any case of cognisable offence was made out, the Madras High Court directed the Kilpauk police to reinvestigate a matter that was closed as a ‘civil dispute’ without even the petitioner being informed about it. Judge velmurugan

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Cops, courts can’t reject complaints if cognisable offence made out: HC
Published: May 30,202103:38 AM

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Citing a Supreme Court order that it was the duty of the police to register the case, investigate the matter and file a charge sheet if any case of cognisable offence was made out, the Madras High Court directed the Kilpauk police to reinvestigate a matter that was closed as a ‘civil dispute’ without even the petitioner being informed about it.

Chennai: As per the case, S Gopi Krishna (petitioner) had lodged a complaint against one Saravanan alias Shrawanth, proprietor, Simha Associates, on December 8, 2020, at Kilpauk police station. When the Kilpauk police failed to register a case, the petitioner lodged a complaint before the city police Commissioner and moved the Metropolitan Magistrate, Egmore, seeking to direct the police to register an FIR against Saravanan.

But after inquiry, the magistrate dismissed the complaint on the ground it was purely civil in nature. Challenging the verdict, Gopi Krishna moved the revision petition.

He submitted that even though the dispute was civil to some extent, cognisable offence also falls and therefore neither the police nor the Magistrate could close the complaint. The petitioner’s counsel also submitted that neither did the police investigate the matter and file a charge sheet nor did the Magistrate direct the police to register the complaint.

Pointing out that the police on receipt of the complaint should register a case, investigate the same and either file a charge sheet or a negative report, Justice P Velmurugan said if the police officer filed a negative report, the Magistrate should serve notice to the complainant.

“If the complainant files any protest petition, the Magistrate should examine the same and take the protest petition as a complaint and proceed further in accordance with law,” the court said while rapping the Magistrate for dismissing the complaint without appreciating the facts of the case.

Also, holding that both the police as well as the Magistrate had failed to abide by the Supreme Court ruling of registering a case at the first place if a cognisable offence was found, the judge set aside the Magistrate’s order as ‘perverse’ and directed the Kilpauk police to investigate the matter and file a charge sheet within three months.
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