Balwant Singh vs State of Punjab

K.K. Srivastava, J.

The petitioner seeks issuance of a direction to respondents No. 2 and 3 for registration of F.I.R., on the basis of information which was registered as D.D.R. No. 19 dated 13.6.1997 (copy Annexure P/1). PetitionerBalwant Singh went to the Police Station and expressed his views as under :

"I suspect that my wife may not have been killed because of some greediness. I came to give information. Action may be taken."

Reply on behalf of respondents No. 1 to 3 in the shape of affidavit of Harcharan Singh Bhullar, PPS, Deputy Superintendent of Police, Rajpura has been filed wherein the following stand has been taken :

"After recording to the abovesaid D.D.R. Sub Inspector Bhupinder Singh the then Station House Officer went to Village Seel and enquired as to the cause of death of Smt. Bachan Kaur and joined Surjan Singh Sarpanch. Dharampal Singh ExSarpanch, Doctor Sushil Kumar residents of Village Ajraur, Kaka Singh, Paramjit Singh, Devinder Singh, Jaggar Singh and Nirmal Singh and recorded their statements and it revealed that Smt. Bachan Kaur was ill and was suffering from Dysentry and has died in a natural death. It is further submitted that Smt. Bachan Kaur was cremated in the presence of her relatives except the petitioner because Civil litigation was pending between the late Smt. Bachan Kaur and the petitioner. The copy of the D.D.R. No. 19 dated 13.6.97 and D.D.R. No. 20 dated 14.6.1997 are enclosed as Annexure R/1 and R/2."

Section 154 Cr.P.C. makes it obligatory for the officer Incharge of the Police Station to register F.I.R. in respect of a cognizable offence. Undoubtedly, the offence of murder punishable U/s 302 IPC is cognizable offence and henious most offence attracting the minimum punishment of death sentence and life imprisonment, but herein the informant express his views relating to his wife. Respondents No. 2 and 3, however, thought it proper to close the matter on the ground that the cause of death was natural. They even denied to register F.I.R. and proper investigation in accordance with law as laid down in the Cr.P.C. The stand taken in the reply is quite unreasonable and contrary to law. In these facts and circumstances, I deem it appropriate to allow this petition. The petition is allowed. Direction is issued to respondent Nos. 2 and 3 for registration of F.I.R. on the basis of D.D.R. No. 19 copy of which is Annexure P/1. Respondent No. 2 shall undertake for investigation of this case under his personal supervision and get it enquired into by an Officer other than one who had already enquired into it, Investigation shall be completed in accordance with law and result of the same shall be submitted to the Court of competent jurisdiction for further action.

Disposed of accordingly.