Satnam Singh vs State of Punjab

K.K. Srivastava, J.

This petition seeks issuance of a direction to respondents No. 2 and 3 to register FIR on the basis of statement of Satnam Singh recorded by SI Kuldeep Singh on 16.11.1997 and also on the basis of medicolegal report dated 16.11.1998

In the reply filed on behalf of the respondents, it has been admitted in para 1 that the statement of the petitioner was recorded as aforesaid and thereafter the matter was investigated in accordance with law. It is also not disputed that the medicolegal report of the injured was before the respondents No. 3 and 6 and these two documents disclosed the commission of a cognizable offence. However, it was mentioned in para 7 as under :

"That a complaint from the petitioner was received in the office of Sr. Superintendent of Police, Gurdaspur, vide office endorsement No. 1140/APP, dated 26.12.1997. The complaint was endorsed to the deponent for enquiry and report within three days. The complaint was enquired into by the deponent and the version of the petitioner was found to be incorrect and false. The petitioner alongwith others had made a murderous attack on Rajwinder Singh and stabbed him near his heart. Since FIR was registered against the petitioner, he had given a false complaint so as to distract the investigation. The injury on the perosn of the petitioner was on his little finger of his left hand and was selfinflicted in order to prepare a counter case. The complaint was therefore filed."

In my considered view, respondents No. 2 and 3 have travelled much beyond the scope of Section 154 Cr.P.C. and instead of discharging their statutory liability of registration of FIR upon disclosure of the commission of a cognizable offence, they have chosen to reject the version of the petitioner on factual investigation/enquiry and attributing the cause of the sufferance of the injury by the petitioner as being selfinflicted. Such a finding cannot be legally recorded in an enquiry prior to the registration of the FIR. Even during investigation of the case it is extremely doubtful if any such categorical finding can be recorded by the Investigating Officer. This petition deserves to be allowed and is allowed accordingly. A direction is issued to respondents No. 2 and 3 to register FIR on the basis of the statement of Satnam Singh petitioner recorded by SI Kuldeep Singh and keeping in view the medicolegal report of the injuries of Satnam Singh. Compliance of these directions be made within two weeks from today and thereafter the case be proceeded in accordance with law.