AI Structured Summary
Not yet generated for this judgment
Judgment
This petition is filed seeking a direction to the second respondent to register a case based on the petitioner''s compliant dated 17.06.2016 .
By consent of both sides, this Criminal Original Petition is taken up for final disposal.
The grievance of the petitioner is that inspite of a complaint given by him on 17.06.2016 to the first respondent, the same has been kept in
abeyance without any action. It is well settled in the judgment of the Hon''ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh
and others [2013 (6) CTC 353], that registration of an FIR is mandatory under Section 154 of the Code of Criminal Procedure if an information
furnished to the police officer disclose commission of a cognizable offence and in cases where the information does not disclose a cognizable
offence, a preliminary enquiry has to be conducted.
The second respondent is not justified in having received the complaint and keeping it unattended without any further action. In view of the
same, the petitioner has made out a case for this Court to invoke its inherent powers under Section 482 of the Criminal Procedure Code.
In the result, the petitioner is directed to give a copy of the complaint dated 17.06.2018 to the Station House Officer having territorial
jurisdiction over the issue. On receipt of the said copy of the complaint, the concerned Station House Officer shall adhere to the following
directions.
1) If the information received by the 2nd respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.
2) If an information received does not disclose a cognizable offence, the 2nd respondent shall conduct a preliminary inquiry to ascertain whether
cognizable offence is disclosed therein or not and such inquiry shall be completed within a period of fifteen days from the date of information.
3) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered, if not already registered or closed.
4) If the preliminary inquiry ends in closing the complaint, the closure report must be recorded along with the reasonings and a copy of the same
shall be furnished to the complainant within one week.
5) All information relating to cognizable offences whether resulting in registration of FIR or leading an inquiry must be reflected in the general
diary/station diary/daily diary of the 2nd respondent''s police station.
In the result, the Criminal Original Petition is allowed with the above directions.