D. CHIRANJEEVULUR Vs. COMMISSIONER OF POLICE, CHENNAI

JUDGEMENT

(1.) This petition is filed to set aside the order in Crl.M.P.No.2128 of 2021 dtd. 30/9/2021 passed by the learned Judicial Magistrate at Ambattur and consequently direct the 2nd respondent herein to register the FIR based on the petitioner's complaint dtd. 28/4/2021.

(2.) The petitioner filed a petition under Sec. 156(3) of Cr.P.C., seeking direction to the Inspector of Police, Korattur Police Station, to register the petitioner's complaint. The petitioner made a complaint to the Commissioner of Police on 25/9/2020 which was forwarded to the Inspector of Police and no case was registered. In the meanwhile, the petitioner sent another complaint through registered post to the Inspector of Police on 28/4/2021 and a registered post to the first respondent viz., the Commissioner of Police, Vepery, Chennai, on 5/5/2021. The Lower Court recorded that the complaint pertains to offence of cheating in selling of lands, further observed that the petitioner has not approached the Superintendent of Police level Officer, viz., the Deputy Commissioner of Police, Ambattur in this case under Sec. 154(3) of Cr.P.C., regarding his two complaints given to the respondent Police. Hence, the petitioner's request for direction under Sec. 156(3) of Cr.P.C., could not be entertained. Further with delay, the petitioner had approached the Lower Court. Hence, the petitioner to comply with the conditions under Sec. 154(3) of Cr.P.C., against which the present petition.

(3.) The contention of the petitioner is that the Superintendent of Police referred under Sec. 154(3) of Cr.P.C. is denoting the head of the Police of the concerned District. As regards the Chennai City, head of Police is the Commissioner of Police, Chennai. Within Chennai city limit, cause of action has occurred. The Lower Court referring to the Deputy Commissioner of Police, Ambattur may not be proper. Though the Deputy Commissioner of Police is in the rank of Superintendent of Police, ascribing Deputy Commissioner of Police, Ambattur as Head of the Police, and directing to send representation to him, will not be proper as regards Chennai City is concerned. Presently the position may have changed due to trifurcation of Chennai Police Commissioner and now Commissioner of Police, Avadi designated. In any event, the petitioner is aggrieved by the inaction of Inspector of Police, Korattur Police Station. Hence, the petitioner has sent representation to the higher Authority namely, the Commissioner of Police, Chennai, who is the head of the Police of Chennai City. Hence, he has complied with Sec. 154(3) of Cr.P.C. The Judicial Magistrate, Ambattur had lost sight of this fact and wrongly directed the petitioner to once again comply Sec. 154(3) of Cr.P.C., is not proper.