2018 (3) TMI 1836 - HC - Indian Laws

Direction to the respondent police to register a case on the basis of the petitioner's complaint - grievance of the petitioner is that inspite of a complaint given by him on 10.12.2015 to the respondent, the same has been kept in abeyance without any action - HELD THAT - The 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. The petitioner is directed to give a copy of the complaint dated 10.12.2015 to the Station House Officer having territorial jurisdiction over the issue - the concerned Station House Officer shall adhere to the directions imposed - petition allowed.

Summary

Issues:
1. Direction to register a case based on petitioner's complaint dated 10.12.2015.

Analysis:
The petitioner filed a petition seeking a direction for the police to register a case based on a complaint dated 10.12.2015. The petitioner's grievance was that despite lodging the complaint, no action was taken by the respondent police. 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 offence. If the information does not disclose a cognizable offence, a preliminary inquiry must be conducted.

The court found that the respondent was unjustified in receiving the complaint and not taking any further action. Therefore, the court invoked its inherent powers under Section 482 of the Criminal Procedure Code. The petitioner was directed to provide a copy of the complaint to the Station House Officer with territorial jurisdiction. The Station House Officer was instructed to take specific actions based on the nature of the information received.

The directions provided to the Station House Officer included registering an FIR if a cognizable offence was disclosed, conducting a preliminary inquiry if no cognizable offence was disclosed, and recording the outcome of the inquiry along with reasons. The court emphasized that all information related to cognizable offences must be documented in the police station's diary.

Conclusively, the Criminal Original Petition was allowed with the directions outlined by the court, ensuring that the respondent police take appropriate action based on the petitioner's complaint dated 10.12.2015.