Mandatory registration of FIR for cognizable offences, limitations on the power of the investigating officer, and the necessity for preliminary inquiry.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second and third respondent to not to harass the petitioner under the guise of enquiry)

1. This Criminal Original Petition is filed to direct the second and third respondent to not to harass the petitioner under the guise of enquiry.

2. The learned counsel for the petitioner would submit that he has sold the TATA sumo Car bearing Reg. No. TN 38 E 3197 to the fourth respondent and the fourth respondent after receiving all the documents had told him that after transferring the ownership he will hand over the copy of the RC book to the petitioner. On 27.06.2022 the petitioner sent a lawyer notice to the fourth respondent calling up on him to inform about the status of name transfer and also to appear before the third respondent. When he appeared before the third respondent they informed the petitioner that on 07.12.2021 a case has been registered in crime No.262 of 2021 for the offence under Section 304(A) of IPC, under these circumstances the respondent police harassed the petitioner, hence the present petition came to be filed.

3. The learned Government Advocate(Crl.Side) would submit that TATA sumo Car bearing Reg. No. TN 38 E 3197 involved in a road accident for which a case has been registered in crime No.262 of 2021 for the offence under Section 304(A) of IPC and as on date the vehicle stands in the name of the petitioner,hence the petitioner was called for enquiry, but he is evading enquiry.

4. In this original petition, the petitioner seeks a direction of this Court against the respondent police not to harass the petitioner under the guise of enquiry based on the complaint received by the respondent police.

5. The inherent power under Section 482 Cr.P.C envisages three circumstances, under which, inherent jurisdiction may be exercised, namely, (1) to give effect to an order under the Code, (2) to prevent abuse of the process of the Court and (3) to otherwise secure ends of justice. The rule of inherent power has its source in the maxim “Quando lex aliquid alique, concedit conceditur et id sine quo res ipsa esse non potest”” it means that when the law gives a person anything, it gives him that without which the thing itself cannot exist.

6. The power of investigation officer is statutory one. The power to investigate into the cognizable offence is to be legitimately exercised in strict compliance with the provision of Chapter XII of the Code. There is no unlimited discretion to act according to one's own choice. The power to investigate must be exercised strictly on the condition of which that power is granted by the Code itself. Further, the investigation officer is empowered to collect evidence/material during investigation and arrive at a conclusion independently. This Court would not ordinarily interfere with the functioning of an Investigating Agency. It may do so only in exceptional circumstances.

7. In Lalithakumari vs. State of U.P [AIR 2014 SC 187], the Hon'ble Constitution Bench of the Hon'ble Supreme Court summarized law and gave following directions with regard to registration of F.I.R. For better appreciation, it is reproduced hereunder:-

(i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

(ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

(iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

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