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2016 Supreme(HP) 1369
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma, J.
Smt. Dropti Devi – Petitioner
Versus
State of Himachal Pradesh and Another – Respondents
Cr. MMO No. 231 of 2016
Decided On : 10-08-2016
For the Petitioners:Mr. R.K. Sharma, Senior Advocate and Ms. Anita Parmar, Advocate.
For the Respondent:Mr. Parmod Thakur, Additional Advocate General.
The main legal point established in the judgment is the mandatory nature of registering an FIR when information discloses a cognizable offence, as per Section 154 of the Code of Criminal Procedure.
Headnote:
FIR - Murder - Section 302 IPC - [Section 154, Section 302 IPC] - The court directed the Police to register an FIR under Section 302 IPC against the accused. The court emphasized the mandatory nature of registering an FIR when information discloses a cognizable offence, as per Section 154 of the Code of Criminal Procedure. The court cited the Supreme Court's ruling in Lalita Kumari v. Govt. of U.P. to support its decision, highlighting the obligation of the police to register an FIR and conduct swift investigation in cases of cognizable offences.
Fact of the Case:
The petitioner sought direction to the Police to register an FIR under Section 302 IPC against the accused for the murder of the petitioner's grandson, Sandeep Kumar.
Finding of the Court:
The court found that a cognizable offence had been committed and emphasized the mandatory nature of registering an FIR when information discloses a cognizable offence, as per Section 154 of the Code of Criminal Procedure.
Issues: The main issue was whether the Police should register an FIR under Section 302 IPC based on the information provided.
Ratio Decidendi: The court relied on the Supreme Court's ruling in Lalita Kumari v. Govt. of U.P. to establish the mandatory nature of registering an FIR when information discloses a cognizable offence, as per Section 154 of the Code of Criminal Procedure.
Final Decision: The court allowed the petition, directing the Police to register an FIR under Section 302 IPC within three days and concluding the investigation within eight weeks. The Superintendent of Police was also directed to take action against the SHO for non-registration of the FIR despite the disclosure of a cognizable offence.
Rajiv Sharma, J.
1. The present petition under Section 482 CrPC has been filed by the petitioner seeking direction to the Police to register an FIR under Section 302 IPC against the accused.
2. "Key facts" necessary for the adjudication of the present petition are that deceased Sandeep Kumar was the grandson of the petitioner. He was aged about 18 years. He was student of plus two class in Government Senior Secondary School, Amarpur, District Bilaspur, Himachal Pradesh. On 7.7.2015, he was taken by one Shyam Singh son of Besar Singh resident of village and Post Office Amarpur to Baddi on the pretext that his luggage was lying at Baddi. Petitioner being grandmother of Sandeep Kumar resisted but Shyam Singh managed to take Sandeep Kumar to Baddi in a Truck. On 8.7.2015, at about 5.30 PM, petitioner received an information that her grandson Sandeep Kumar had been murdered at Baddi, District Solan, Himachal Pradesh. Dev Raj, father of Sandeep Kumar, had also died in 2003. Sandeep Kumar is survived by his mother and younger sister Punam Devi. Dead body of Sandeep Kumar was brought from Nalagarh Hospital to Amarpur on 9.7.2015. Cremation was done on 9.7.2015.
3. It is evident from the inquest report that Sandeep Kumar had received injury on his head besides injury on lips. According to the report of the FSL Junga, quantity of ethyl alcohol in the blood was found 120.41 mg%. Cause of death of Sandeep Kumar, as per post-mortem report, was, ‘cardiorespiratory arrest’. Statements of Shri Ram Pal son of Prem Lal, Shyam Kumar son of Besar Singh, Sanjay Kumar son of Sita Ram and Shyam Pal son of Krishan Lal have been recorded. Petitioner made a representation to the Deputy Commissioner, Bilaspur, to look into the matter, vide annexure P-2.
4. Reply has been filed by the State. According to the averments made in the reply, on 8.7.2015, at 5.30 PM, an information was received in Police Station Baddi, that a dead body of some person was brought to CHC Baddi. Rapat No. 56 was entered in the General Diary of Police Station Baddi and Head Constable Neel Kamal No. 06 and Constable Hem Raj No. 806 were immediately sent to CHC Baddi to inquire into the matter. On reaching CHC Baddi, Head Constable Neel Kumar informed PS Baddi that the person brought to CHC Baddi had died. SI Rakesh Roy was immediately sent to CHC Baddi and Rapat No. 61 dated 8.7.2015 was entered at PS Baddi in this regard. Thereafter, SI Rakesh Roy after inquiring into the matter, returned to the Police Station Baddi and Rapat No. 79 of arrival was entered at PS Baddi on 8.7.2015. During inquiry conducted by Rakesh Roy, case did not appear to be of murder. On examination of body of deceased a cut wound on his lips was noticed and black coloured substance was found sticking on the hands of the deceased.
5. It has come in the inquest report that deceased had also received head injury. It has come in the reply of the State that on 8.7.2015, after reaching Baljit’s room, after having food, Sandeep (deceased), Shyam Kumar and Ram Pal consumed Charas. Thereafter, Sandeep (deceased) Shyam Kumar and Ram Pal went to Sandholi Nallah to extract Charas from cannabis plants. Later on at 1.30 PM, Shyam Kumar and Ram Pal came back to the room. They again went to Sandholi Nallah and found dead body of Sandeep.
6. Court has gone through the material placed on record and is of the considered view that the SHO of Police Station Baddi, on the basis of material, as discussed herein above, should have registered an FIR under Section 302 IPC. The record reveals that a cognizable offence has been committed. Sandeep Kumar has gone to Baddi and his body was found in a Nallah. He was last seen in the company of Ram Pal and Shyam Kumar. Ram Pal and Shyam Kumar had gone to Sandholi Nallah. They came back to the room and again went to the Nallah when they noticed the body of Sandeep Kumar in the Nallah.
7. Their Lordships of the Hon'ble Supreme Court in Lalita Kumari v. Govt. of U.P. reported in (2014) 2 SCC
