CCB can file FIR though it is not a ‘police station’, rules HC
TIMES NEWS NETWORK
Chennai: 05.08.2018
Is the Central Crime Branch (CCB) a police station as defined in Code of Criminal Procedure (CrPC)? Can it register FIR?
Answering this tricky question, the Madras high court has made it clear that special magistrate courts are empowered to direct the CCB to register FIR on complaints, though the CCB is not a police station as defined by the CrPC.
“The jurisdiction of the magistrate for CCB cases extends throughout the metropolitan area. This territorial jurisdiction appears to be co-extensive with the territorial jurisdiction of the CCB. Moreover, when once the magistrate has power to take cognizance on the final report filed by the CCB, they would automatically have power to order investigation,” ruled Justice R Suresh Kumar.
He made the clarification on two separate revision pleas moved by D Ramesh and M Chezhieyan challenging a magistrate court order dated January 25, rejecting Dinesh’s plea to direct CCB to file FIR on his complaint of cheating to the tune of ₹1crore.
Dinesh is into construction business in Chennai. He was allegedly cheated by V Vijayakumar and Thomas Pandian of Tirunelveli of ₹1.10 crore after promising to arrange ₹25 crore as loan for his business. As his repeated attempts to get back his money from the duo failed, Dinesh approached the Chennai police commissioner’s office and preferred a compliant. The same was forwarded to CCB. Refusing to file an FIR on his complaint, CCB suggested him to approach civil court for recovery of money.
Aggrieved Dinesh moved a complaint before the special judicial magistrate for CCB cases seeking to direct the CCB to file an FIR.
But the magistrate rejected the complaint on the ground that the magistrate can direct investigation under Section 156(3) of the CrPC only to an officer in-charge of a police station that falls within the territorial jurisdiction of the court.
Neither the office of commissioner of police which is in-charge of CCB nor any officer of CCB would be deemed to be officer incharge of a police station, the magistrate ruled. Refusing to concur with the findings of the magistrate, Justice Suresh Kumar made the present clarification.
TIMES NEWS NETWORK
Chennai: 05.08.2018
Is the Central Crime Branch (CCB) a police station as defined in Code of Criminal Procedure (CrPC)? Can it register FIR?
Answering this tricky question, the Madras high court has made it clear that special magistrate courts are empowered to direct the CCB to register FIR on complaints, though the CCB is not a police station as defined by the CrPC.
“The jurisdiction of the magistrate for CCB cases extends throughout the metropolitan area. This territorial jurisdiction appears to be co-extensive with the territorial jurisdiction of the CCB. Moreover, when once the magistrate has power to take cognizance on the final report filed by the CCB, they would automatically have power to order investigation,” ruled Justice R Suresh Kumar.
He made the clarification on two separate revision pleas moved by D Ramesh and M Chezhieyan challenging a magistrate court order dated January 25, rejecting Dinesh’s plea to direct CCB to file FIR on his complaint of cheating to the tune of ₹1crore.
Dinesh is into construction business in Chennai. He was allegedly cheated by V Vijayakumar and Thomas Pandian of Tirunelveli of ₹1.10 crore after promising to arrange ₹25 crore as loan for his business. As his repeated attempts to get back his money from the duo failed, Dinesh approached the Chennai police commissioner’s office and preferred a compliant. The same was forwarded to CCB. Refusing to file an FIR on his complaint, CCB suggested him to approach civil court for recovery of money.
Aggrieved Dinesh moved a complaint before the special judicial magistrate for CCB cases seeking to direct the CCB to file an FIR.
But the magistrate rejected the complaint on the ground that the magistrate can direct investigation under Section 156(3) of the CrPC only to an officer in-charge of a police station that falls within the territorial jurisdiction of the court.
Neither the office of commissioner of police which is in-charge of CCB nor any officer of CCB would be deemed to be officer incharge of a police station, the magistrate ruled. Refusing to concur with the findings of the magistrate, Justice Suresh Kumar made the present clarification.
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