2017 (9) TMI 1853 - HC - Indian Laws

Registration of FIR - grievance of the petitioner is that in spite of a complaint given by him on 11.07.2017 to the second respondent, seeking for register the FIR the same has been kept in abeyance without any action - HELD THAT - Though the petitioner has given complaint only to the second respondent, he is directed to give a fresh complaint to the first respondent police. On receipt of such complaint, the first respondent is directed to register the complaints subject to conditions required to be complied - petition allowed.

Summary

Issues:
Seeking direction for registration of a complaint dated 11.07.2017 with the police.

Analysis:
The petitioner filed a petition seeking a direction for the respondents to register a complaint dated 11.07.2017. The petitioner's grievance was that despite providing a complaint to the second respondent, seeking the registration of an FIR, no action was taken. The court referred to the judgment of the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh, stating that the registration of an FIR is mandatory under Section 154 of the Code of Criminal Procedure if the information discloses a cognizable offense. If the information does not disclose a cognizable offense, a preliminary inquiry must be conducted.

The court directed the petitioner to provide a fresh complaint to the first respondent police. Upon receiving the complaint, the first respondent was instructed to take specific actions. Firstly, if the information reveals a cognizable offense, it should be registered immediately. Secondly, if no cognizable offense is disclosed, a preliminary inquiry must be conducted within seven days to determine the same. Thirdly, if the inquiry reveals a cognizable offense, the FIR must be registered or closed accordingly. Lastly, if the preliminary inquiry results in closing the complaint, a disclosure report with reasons must be provided to the complainant within a week. Additionally, all information related to cognizable offenses must be documented in the police station's general diary.

Consequently, the Criminal Original Petition was allowed by the court, providing the above directions for the registration and handling of the complaint in accordance with the legal provisions and guidelines established by the Supreme Court.