Point of Law:
If the information given clearly mention the commission of cognizable offence, there is no other option but to register an FIR forthwith. Other consideration are not relevant at the stage of registration of FIR, such as, whether the information is falsely given, whether the information is genuine, whether the information is credible, etc. At the stage of registration of FIR what is to be seen is merely whether the information given ex facie discloses commission of a cognizable offence.

ORDER :

1. Rule returnable forthwith. Leaned APP waives service of notice of rule for and on behalf of respondent-State.

2. By filing present application, under Articles 14, 19 and 226 of the Constitution of India read with Section 482 of Criminal Procedure Code, 1973 following reliefs have been sought for by the petitioner:

(b) To issue appropriate writ, order or direction quashing and setting aside order/communication dated NIL/3/2020 issued by office of respondent No. 2 herein and further be pleased to direct that action in terms of section 154 of the Code of Criminal Procedure be taken pursuant to the complaints of the petitioner.

(c) To issue writ of mandamus and/or any other appropriate writ, order of direction directing the concerned respondent to register FIR forthwith in connection with the complaint (Annexure-C) of the petitioner as the concerned respondents have already found that one cognizable offence has been made out.

(d) Pending admission, hearing and final disposal of the present petition, to direct registration of FIR in terms of section 154 of Cr.P.C. as the concerned respondents have already found that cognizable offence is made out.

(e) Pending admission, hearing and final disposal of the present petition, to stay further execution, implementation and operation of the impugned order/communication (Annexure-A) and further be pleased to direct registration of FIR pursuant to the complaints of the petitioner at Annexure-C.

3. It was submitted by learned advocate for the petitioner that the petitioner is a resident of London (U.K.) and has valuable land in Bharuch district. That the accused has hatched a conspiracy to usurp land of the petitioner and as a result of his, a forged power of attorney was prepared pursuant to which a sale deed came to be executed on the basis of the said power of attorney. That, power of attorney was false and subsequently a concerned letter was also forged by the concerned accused persons, and therefore, the petitioner approached the police authorities by submitting several representations/applications on 09.06.2017, 22.08.2017, 09.04.2018, 08.02.2018, 25.05.2018 and 22.10.2018. That in the said different applications, the petitioner reiterated the offence of forgery committed by the accused persons and given evidence with regard to forgery before the concerned Investigating Officer. That, regarding the matter of registering offence of forgery concerned in the land, applications of the petitioner were forwarded to Special Investigating Team constituted for such type of offence. That, collector being head of SIT passed order on 08.01.2020 for registration of FIR. After the said order, concerned Investigating Officer, on 17.01.2020, sought further opinion of the law officer for implementing the order. It was further submitted that on 01.02.2020, it was opined by the officer attached with office of the respondent No. 2 that on account of bar under Section 195 of the Cr.P.C. though cognizable offence was disclosed, FIR cannot be registered without order of the court. Learned advocate for the petitioner submits that as the cognizable offence was once disclosed, there is no way left for the respondent authorities to register the FIR in terms of Section 154 of the Cr.P.C. That opinion of law officer of the respondent No. 2 is contrary to the mandate to the provisions of Section 154 read with Section 195 of the Cr.P.C. In support of his argument, learned advocate for the petitioner has placed reliance upon the Judgment of Hon'ble Apex Court reported in 2005 (2) GLH 413 and argued that investigation authorities cannot deny for registration of the FIR, however, opined that false documents were executed by the accused persons and offence has been committed under Sections 403, 402, 466, 468 and 471 of IPC. Hence, it was requested by learned advocate for the petitioner to allow this application by directing to register the FIR under Section 154 of Cr.P.C. as prayed for.

4. Leaned APP for the responden