2019 (3) TMI 1671 - HC - Customs

Registration of the complaint u/s 154 of the Code of Criminal Procedure - investigation and filing of report under section 173(2) of the Code - HELD THAT - The respondent is directed to take appropriate action for registration of FIR in view of law laid down by the Supreme Court in the case of LALITA KUMARI VS.GOVERNMENT OF U.PANDOTHERS 2013 (11) TMI 1520 - SUPREME COURT - It is made clear that this Court has not expressed any opinion on the merits of the case. Petition disposed off.

Summary

Issues involved:
- Petition for writ in the nature of mandamus to direct registration of complaint under section 154 of the Code of Criminal Procedure and subsequent investigation under section 173(2) of the Code of Criminal Procedure.

Analysis:
- The petitioner filed a petition seeking a writ in the nature of mandamus to direct the respondent to register a complaint under section 154 of the Code of Criminal Procedure and conduct an investigation promptly. The petitioner's counsel argued that the complaint disclosed a cognizable offense, but the respondent had not taken any action on it.
- The respondent's counsel assured that appropriate action in accordance with the law would be taken. The Court, after considering the submissions from both sides, directed the respondent to take necessary action for the registration of an FIR based on the law laid down by the Supreme Court in the case of 'Lalita Kumari vs. Government of U.P and others' (2014) 2 SCC 1.
- The Court clarified that its direction for registration of the FIR did not imply any opinion on the merits of the case. The respondent was instructed to complete the required action within three weeks from the date of receiving a certified copy of the order. Subsequently, the writ petition was disposed of by the Court.