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2015 Supreme(HP) 340
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
P.S.Rana, J.
Chaman Negi - Petitioner
Vs.
State of H.P. and others - Non-petitioners
CWP No.11252 of 2011
Decided On : April 23, 2015
Advocate Appeared:
For the petitioner:Mr.Sandeep Chauhan, Advocate
For Non-petitioners No.1 to 4:Mr.M.L.Chauhan, Addl. Advocate General
For non petitioners 5&6:Mr.Umesh Kanwar, Advocate
The recording of FIR in cognizable criminal offences under Sections 468 and 471 IPC is mandatory.
Headnote:
FIR Registration - Misappropriation of Public Funds - Sections 468 and 471 IPC - The court held that the recording of FIR in cognizable criminal offences under Sections 468 and 471 IPC is mandatory. The deposit of the misappropriated amount by the accused does not exonerate him from the committed offences. The Station House Officer was directed to register a criminal FIR against the accused and file a report before the Court of competent jurisdiction.
Fact of the Case:
The petitioner filed a criminal complaint against non-petitioner No.5 for misappropriation of public funds. Despite inquiries and evidence of fraud, no FIR was registered against the accused.
Finding of the Court:
The court found that the recording of FIR in cognizable criminal offences is mandatory and directed the Station House Officer to register a criminal FIR against the accused.
Issues: Whether registration of FIR in forgery cognizable criminal offences under Sections 468 and 471 IPC is mandatory?
Ratio Decidendi: The court held that the recording of FIR in cognizable criminal offences under Sections 468 and 471 IPC is mandatory, and the deposit of the misappropriated amount does not exonerate the accused from the committed offences.
Final Decision: The petition filed by the petitioner is allowed, and the Station House Officer is directed to register a criminal FIR against the accused and file a report before the Court of competent jurisdiction.
P.S.Rana, J.
Present Writ Petition is filed under Article 226 of the Constitution of India. It is pleaded that petitioner filed a criminal complaint to the Director General of Police Vigilance Department Khalini Shimla against non-petitioner No.5 Puran Lal ex up-pradhan Gram Panchayat Nishani Tehsil Nirmand District Kullu HP relating to misappropriation of public fund. It is further pleaded that thereafter petitioner filed complaint on dated 11.10.2010 regarding misappropriation of public fund in the gram panchayat Nishani Tehsil Nirmand District Kullu HP to the Hon’ble High Court of HP. It is further pleaded that non-petitioner No.5 Puran Lal ex up-pradhan Gram Panchayat Nishani Tehsil Nirmand District Kullu HP had submitted two bills of Rs.50,000/- (Fifty thousand) and Rs.2,30,000/- (Two lac thirty thousand) respectively but in fact no work was done and false bills were prepared by non-petitioner No.5 Puran Lal ex up-pradhan Gram Panchayat Nishani. It is further pleaded that Hon’ble High Court of HP vide letter No. HHC/PIL/F-1/11-2010 forwarded complaint of the petitioner to Deputy Commissioner Kullu HP for necessary action in accordance with law under intimation to the petitioner. It is further pleaded that non-petitioner No.3 Deputy Commissioner Kullu ordered Sub Divisional Magistrate Anni to conduct inquiry on the complaint of petitioner. It is further pleaded that thereafter learned Sub Divisional Magistrate conducted inquiry and submitted report that fraud entry was committed in the muster roll by non-petitioner No.5 Puran Lal Ex up-Pradhan Gram Panchyat Nishani Tehsil Nirmand District Kullu HP. It is further pleaded that non-petitioner No.3 Deputy Commissioner Kullu directed non-petitioner No.4 Block Development Officer Nirmand to register FIR against non-petitioner No.5 Puran Lal ex up-pradhan of Gram Panchayat Nishani. It is further pleaded that despite direction of Deputy Commissioner Kullu till date no FIR registered against non-petitioner No.5 Puran Lal. Prayer for acceptance of writ petition sought as mentioned in relief clause.
2. Per contra reply filed on behalf of respondents No.1 and 2 pleaded therein that complaint dated 19.5.2010 filed by petitioner was received in SV&AC Bureau vide diary No.6232 dated 21.5.2010 and after examination the same was referred to Director Panchayati Raj HP Shimla vide reference No. 11213 dated 10.6.2010. Prayer for dismissal of petition sought.
3. Per contra separate reply filed on behalf of respondents No.3 and 4 pleaded therein that one complaint dated 11.10.2010 was received in the office of non-petitioner No.3 Deputy Commissioner Kullu through Registrar General cum-Principal Secretary to HCJ High Court of HP vide letter No. HHC/PIL/F-1/11-2010 dated 3.11.2010 against non-petitioner No.5 Puran Lal ex up-Pradhan Gram Panchayat Nishani regarding misappropriation of sanctioned amount allotted for development works in Gram Panchayat Nishani Tehsil Nirmand District Kullu HP. It is further pleaded that thereafter the matter was entrusted to Sub Divisional Magistrate Anni vide letter dated 27.11.2010. It is further pleaded that after completion of inquiry it was prima facie found that non-petitioner No.5 Puran Lal has forged muster roll and drawn money and misappropriated it. It is further pleaded that non-petitioner No.5 Puran Lal had also admitted vide statement dated 16.10.2010 that fraud entries were recorded in the muster roll. It is also admitted that Rs.50,000/- (Fifty thousand) and Rs.2,30,000/- (Two lac thirty thousand) were released by non-petitioner No.4 i.e. Block Development Officer to Government Primary School Nishani. It is further pleaded that Rs.50,000/- (Fifty thousand) were issued for the repair of Government Primary School and Rs.2,30,000/- (Two lac thirty thousand) were issued for the construction of breast wall Government Primary School Nishani. It is further pleaded that as per inquiry report submitted by Sub Divisional Magistrate Anni forged entries were
