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2001 Supreme(SC) 12

2001(4) Supreme 519
SUPREME COURT OF INDIA
G.B. Pattanaik & B.N. Agrawal, JJ.
Mohindro -Appellant
versus
State of Punjab & Ors. -Respondents
Criminal Appeal No. 18 of 2001
(Arising out of SLP (Crl.) No. 3142 of 2000
Decided on 4-1-2001

IMPORTANT POINT
Police cannot refuse to register a case on report of cognizable offence on basis of any alleged enquiry.

Headnote:Criminal Procedure Code, 1973-Section 154-Failure to register case by police-There could not have been an enquiry without registration of case and registration of case could not have been denied on basis of any such alleged inquiry-Police directed to register the case on report lodged by appellant, to investigate and take action accordingly. (Para 1)

       

ORDER

The grievance of the appellant is that though she has approached the authority for registering a case against the alleged accused persons but the police never registered a case and never but the law in motion, and therefore, having failed in an attempt in the High Court to get a case registered she has approached this Court. Pursuant to the notice issued the respondents have entered appearance. Though the learned counsel appearing for the State of Punjab stated that there had been an enquiry, we fail to understand as to how there can be an enquiry without registering at criminal case. On the facts alleged, it transpires that the appellant approached the police for registering a case and get the allegation investigated into and yet for no reasons whatsoever the police failed to register the case. In the aforesaid premises, we allow this appeal and direct that a case be registered on the basis of the report to be lodged by the appellant at the police station within a week from today and thereafter the matter will be duly investigated into and appropriate action be taken accordingly.

The appeal is disposed of accordingly.

Appeal allowed.

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