IMPORTANT POINT
FIR – If information received disclosed commission of a cognizable offence, it is mandatory to register FIR.

JUDGMENT :

SANJAY KUMAR, J

Leave granted.

2. Law requires, nay, ordains that its sentinels be vigilant, prompt and objective in enforcing and securing its mandate. To what extent the guardians of the law, viz., the police, discharge this task without bias and subjectivity is the question that arises in the case on hand. The complaint of the appellant before the High Court of Bombay, Nagpur Bench, was that the police officers concerned had failed in their duty by not registering a first information report apropos the attack and assault on him by four individuals on 13.05.2023. However, by order dated 25.07.2024, a Division Bench of the High Court dismissed his writ petition, suspecting his bonafides. Hence, this appeal.

3. At the outset we may note that, while reserving judgment in this matter on 19.08.2025, we permitted the learned counsel for the parties to file their written submissions, not exceeding three pages, within three days. However, the State of Maharashtra and its officials chose not to file their written submissions, even though three weeks have passed. To make up for their lapse, perhaps, the learned counsel for the appellant chose to file written submissions running into as many as eleven pages!

4. This litigation has its moorings in the communal riots that broke out in Akola City, Maharashtra, on 13.05.2023 owing to a social media post. In his writ petition filed before the High Court, the appellant stated that, while he was returning at about 10.30-11.00 PM on that day from Mominpura area in Akola to his residence at Ambika Nagar, he passed over Raj Rajeshwar Setu Bridge in Kholeshwar area and saw four unknown persons assaulting one person, who was in an auto rickshaw, with a sword, iron pipe, etc., and the person was screaming. Two of the four assailants accosted him and said that it was his turn next. The appellant claimed that the other two assailants pulled the injured person out of the auto rickshaw and hit him on the face with an iron pipe, whereupon he collapsed. The appellant stated that the four assailants then damaged his vehicle and assaulted him with their weapons on his head and neck. He stated that he fell unconscious on the road and was taken by two good samaritans to Akola Main Hospital. His father, thereafter, took him to Icon Multispecialty Hospital in Akola, where he underwent treatment.

5. The appellant claimed that, on the second day, the District Collector along with police personnel visited him at Icon Hospital and the police recorded his statement. He claimed to have given all details to them but no action was taken. The appellant asserted that he was an eyewitness to the murderous assault on the person in the auto rickshaw, whose name was revealed to him later as Vilas Mahadevrao Gaikwad. The appellant stated that ‘it was well within the knowledge of the people of Akola’ that the deceased was plying the auto rickshaw of a Muslim, which bore a sticker with the name ‘Garib Nawaz’. The appellant stated that under the mistaken identity/belief that the deceased was a Muslim, the four unknown assailants had caused his death and, thereafter, attacked him. The appellant stated that these facts were affirmed by none other than a leader of the Maharashtra Congress as well as an MLC of the Nationalist Congress Party, whom he named. The appellant claimed that, after waiting for considerable time and as no offence was registered against the unknown assailants, he along with his father lodged written complaints on 01.06.2023 with the Police Station Officer of the Old City Police Station at Akola, respondent No. 4 in the writ petition, and the Superintendent of Police, SP Office at Akola, viz., Sandip Ghuge, who was impleaded eo nomine as respondent No. 3 in the writ petition, but except for getting his statement recorded through one of the police personnel of the Old City Police Station at Akola, no other action was taken.

6. The appellant claimed that after a few days, during the festival of Shravan Somwa