A MUTHULAKSHMI Vs. INSPECTOR NORTH POLICE STATION

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. for a direction to the first respondent herein to register a case based on the complaint of the petitioner herein dated 22.12.2006 and investigate the same in accordance with law.

(2.) THE learned Government Advocate (Criminal side) has taken notice on behalf of the respondents and resisted the petition even without filing a counter statement, contending that the petition is not even fit for admission and that the same should be dismissed in limine.

(3.) IN this case, the petitioner's prayer is resisted by the learned Government Advocate (Criminal side) representing the respondents, contending that both the conditions mentioned above are absent in this case and hence the petitioner shall be held not entitled to the relief sought for in this petition. Whenever a person lodges a complaint with the police informing that a cognizable offence has been committed by a known or unknown person and the police officer concerned fails or refuses to register a case, then the person aggrieved by the refusal on the part of the officer in charge of the police station may send the substance of the complaint, in writing and by post, to the Superintendent of Police concerned and the Superintendent of police in turn, if he is satisfied that the information discloses commission of a cognizable offence shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. This procedure is laid down in Section 154(3) of the Code of Criminal Procedure, which reads as follows: