IMPORTANT POINT
The registration of an FIR is mandatory if it discloses a cognizable offence, and the police cannot conduct a preliminary inquiry at their discretion.

JUDGMENT :

1. Heard Mr. Sentiyanger, learned counsel for the petitioner and also heard Mr. K. Angami, learned Public Prosecutor, for the State of Nagaland and Mr. Wati Jamir, learned counsel for the respondent No. 4.

2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner Imkongkumzuk Longchar praying for a direction for registration of the FIR lodged by the petitioner on 10.07.2022 before the Officer-In-Charge of PS-II, Mokokchung, Nagaland and to conduct necessary investigation as per law.

3. The facts relevant for consideration of the instant criminal petition, in brief, are as follows :-

3.1. That the petitioner is a police personnel holding the rank of Habildar in 2nd NAP battalion Alichen, Mokokchung and presently attached to the office of Director General of Police, Nagaland. In the month of July, 2022, the petitioner obtained 8 (eight)days of casual leave from 07.07.2022 to 14.07.2022 to visit his family members at Mokokchung and his aged father at his native village, Chungtia. On 09.07.2022, while the petitioner was sleeping at his aunt’s place, a group of 20 to 30 men belonging to a self-styled political party, namely, Senso Party, Chungtia came inside the residence of the aunt of the petitioner at around 10:30 to 11:00 PM and physically assaulted the petitioner without any rhyme or reason. The intruders also threatened the petitioner to leave the village next day before 8:00 AM.

3.2. It is stated by the petitioner that the whole incident was witnessed by Mr. Ngangenchiba, Mr. Chemtsung, Mr. Imliwapang, Mr. Rongsenlemba and Mrs. Pangitsungla, who were present at the place of occurrence.

3.3. Subsequently, on the next day, i.e. on 10.07.2022, the petitioner filed a complaint before the Officer-In-Charge of PS-II, Mokokchung, Nagaland, narrating the whole incident and requesting to take appropriate steps according to law.

3.4. It is also stated by the petitioner that after submitting the said FIR the statement of the petitioner was recorded by the police on 13.07.2022 and on 25.07.2022, the accused persons were summoned to appear before the police on 26.07.2022. However, the FIR lodged by the present petitioner was not registered by the police even after lapse of 15 days of filing of the same, therefore, on 26.07.2022, the petitioner made an application before the Superintendent of Police, Mokokchung, requesting the Superintendent of Police to take steps under the provisions of Section 154(3) of the Code of Criminal Procedure, 1973.

3.5. In the meanwhile, on 27.02.2022, the Chungtia village council wrote a letter to the petitioner directing him to withdraw the complaint before the Officer-In-Charge of Mokokchung Police Station-II, Mokokchung. However, despite of the said application, no steps were taken to register the FIR which was lodged by the present petitioner on 10.07.2022.

4. Mr. Sentiyanger, learned counsel for the petitioner has submitted that though the complaint lodged by the petitioner on 10.07.2022, clearly discloses the ingredients of the offence under Section 323/326/451/457/452/458/506/34 of the Indian Penal Code and it was mandatory on the part of the Officer-in-Charge of Mokokchung Police Station-II (respondent No. 3) to register the FIR, however, by not doing so he violated the mandatory provisions of the law.

5. Learned counsel for the petitioner has also submitted that though the petitioner had lodged the complaint on 10.07.2022 itself, however the Officer-In-Charge of PS-II, Mokokchung, did not register any police station case and only made a General Diary entry on 12.07.2022, i.e. GDE No.03/2022 dated 12.07.2022.

6. It is also submitted by the learned counsel for the petitioner that the police acted in connivance with the accused persons and waited until a false FIR was filed against the present petitioner by some persons of Chungtia village purported to be a counter FIR, however, it is submitted by the learned council for the petitioner that in the sa