Cops told to follow SC directions on FIRs

Chennai: The Madras High Court has instructed all police stations in the state to follow the directions of the constitutional bench of the Supreme Court, relating to registration of FIR, if a cognisable offence was made out on the complaints.

Justice P. Devadass gave the directive while disposing of a petition from Vetri Medical Agency and directed the Korattur police to register a case, based on the complaint of the petitioner.

The petitioner’s counsel, M. Santhanaraman, submitted that Balaji and Ranjith, employed as bill clerk and salesman in the petitioner’s company, had, in connivance with another person, Yobu, misappropriated Rs10 lakh. They committed cognisable offences and a complaint had also been lodged with the police in May 2013, but no action had been taken, he added.

The judge said there was controversy regarding the role of the police in registering the FIR.

One view was that when the complaint containing information on the commission of the cognisable offence was presented to a police officer, he had no option but to register a case and proceed to investigate.

Another view was that the police need not straightaway register an FIR, but could verify the contents of the complaint regarding whether it disclosed commission of any cognisable offence and only upon such verification and satisfaction with the results could the police register an FIR and investigate.

The controversy was referred to the constitutional bench of the Supreme Court, which had, on November 12, 2013, considered both the views on the registration of the FIR and issues concerning the liberty of the individual and the power and duty of the police in taking action on the complaints presented to them, and issued several directions, the judge added.

The judge said with regard to the registration of FIR, the law laid down by the Supreme Court had become the law of the land. Everyone, every court, every police and every authority was bound to follow the directions issued by the Supreme Court in the matter of taking action on the complaints presented to them, the judge added.

In the present case, the allegations in the complaint disclose a cognisable offence. As per the dictum of the apex court, the police was bound to register a case/FIR, investigate it and convey the result to the court by way of a report, the judge added.