Surinder Singh vs State of Punjab

K.S. Kumaran, J.

The petitioner herein approached this Court by filing Criminal Writ Petition No. 1168 of 1995 against respondents 2 to 4 herein under Articles 226/227 of the Constitution of India for directing the S.S.P., Faridkot to register an F.I.R. against these respondents. This Court, after hearing the counsel for the petitioner and the A.A.G. Punjab, observed that in case the firstrespondent in that petition had refused to register the F.I.R., the appropriate remedy for the petitioner would have been to approach the Superintendent of Police under Section 154(3) of the Criminal Procedure Code, which he had not done. Therefore, this Court dismissed the petition with the observation that the petitioner, if so advised, can approach the concerned Superintendent of Police for redressal of his grievance.

In pursuance thereof, the petitioner addressed an application to the S.S.P., Moga (annexure P2) dated 31.3.1996 requesting him to pass orders for lodging an F.I.R. In his complaint, the petitioner had extracted the allegations, a persual whereof shows that on 1.11.1995 at about 1 p.m., A.S.I. Shamsher Singh and A.S.I. Harsharan Singh (respondents 3 and 4 herein) of Police Station City Division No. 2, Moga along with four other Constables, entered the shop of the petitioner and forcibly took him at the point of a pistol to the Police Station City Division No. 2, Moga where Arjan Singh, S.H.O. (second respondent herein) was present. The petitioner has further alleged that he was slapped and abused in filthy language. The petitioner has also extracted the filthy language used against him in the said complaint.

The petitioner contends that in spite of his application to the S.P., no F.I.R. has been registered against respondents 2 to 4 and, therefore, has approached this Court for directing the S.S.P., Moga (firstrespondent herein) to register the FIR against the respondents 2 to 4.

Reply has been filed on behalf of respondents Nos. 1 to 4 by means of the affidavit of Shri Hardip Singh, Superintendent of Police (D), Moga, among other things stating that the complaint was marked to the D.S.P. (HQ)Ranjit Singh, who after enquiry, gave his opinion that there is no force and truth in the complaint and the same was accordingly filed.

I have heard counsel for both the sides. Reading of the complaint prima facie shows that there are grounds for registering the F.I.R. against respondents 2 to 4. When a reading of the complaint shows that there are grounds for registering the F.I.R., the duty of the police is to first register the F.I.R. inasmuch as it discloses the commission of cognizable offence and then investigate it according to law. It is not open to the police to say that, even without registering the F.I.R., they have enquired into the matter, found the allegations to be false and, therefore, not lodged the F.I.R. The law is well settled that when the complaint discloses commission of a cognizable offence, the police should register the F.I.R and then proceed with it according to law. Therefore, contention of the respondents that there are no grounds for proceeding with the complaint or to register it cannot at all be sustained.

Accordingly, this petition is allowed directing the present S.H.O./Incharge of Police Station City Division No. 2, Moga to register the F.I.R. on the basis of the application annexure P2 dated 31.3.1996 and then proceed with it in accordance with law.