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Dharti Ankitkumar Rao vs State Of Gujarat & 5

High Court Of Gujarat|02 May, 2016
By this writ Application preferred under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner complains of inaction on the part of the authorities in not registering the First Information Report, pursuant to the representation given in writing by the petitioner dated 16th April, 2016.
Rule returnable forthwith. Learned APP Ms. Shruti Pathak appears and waives service of notice of rule for and on behalf of respondent-State.
Having heard learned advocates appearing for the respective sides, the grievance putforth by the petitioner can be put an end to in wake of the decision of the Apex Court rendered in case of Lalita Kumari v. Government of Uttar Pradesh & Anr., reported in (2014) 2 SCC 1, wherein the Court has held thus,
111. In view of the aforesaid discussion, we hold :
(i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
(ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
(iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
(iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
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(v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
(vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under :
(a) Matrimonial disputes/ family disputes;
(b) Commercial offences;
(c) Medical negligence cases;
(d) Corruption cases;
(e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.
The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.
vii.While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.
Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.
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The respondent no. 5- Police Inspector, Nadiad Town Police Station, Taluka Nadiad District Kheda shall take into consideration the representation of the petitioner dated 16th April, 2016 and decide whether the same discloses commission of any cognizable offence or not. If the complaint and other materials, if discloses commission of any cognizable offence, then in such circumstances, the FIR be registered forthwith. However, if the respondent no.
5 is of the opinion, after going through the complaint that preliminary inquiry is to be made to know whether cognizable offence is made out, the same shall be done.
After that exercise is carried out, if no case is made out for registration of FIR, then in such a situation, the petitioner be informed in writing about such decision by giving reasons in brief, within a period of one week from the date of receipt of copy of this order.
It is clarified that this Court has not expressed any opinion on the merits of the matter.
Special Criminal Application stands disposed of. Rule made absolute with no order as to costs.
Direct service is permitted.
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