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1997 Supreme(P&H) 1167
PUNJAB & HARYANA HIGH COURT
H.S.Brar, J.
Gurjant Singh
Versus
State Of Punjab
Criminal MISCELLANEOUS No. 8243M of 1997,
Decided On : JULY 31, 1997
It is the duty of the police officer to register an FIR and investigate a cognizable offense upon receiving information about it, and the court can issue a direction to register an FIR and conduct an investigation if the police officer fails to perform his duties.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 154 - REGISTRATION OF FIR - DUTY OF POLICE OFFICER - COURT'S DIRECTION TO REGISTER FIR - FACTUAL POSITION - POLICE OFFICER'S DEREliction OF DUTY - COURT'S ANALYSIS AND CONCLUSION - DIRECTION TO SSP TO REGISTER FIR AND CONDUCT INVESTIGATION.
Fact of the Case:
Petitioner, Gurjant Singh, filed a petition under Section 482 of the Cr.P.C., seeking a direction to the respondents to register a criminal case under various sections of the IPC, alleging that the accused had committed dacoity, extortion, and other offenses. The petitioner had lodged a written complaint at the police post and approached the SSP, but no action was taken.
Finding of the Court:
The court found that the petitioner had made definite allegations of not registering a case against the accused, but the respondents failed to file an affidavit to rebut the averments. The court also noted that the police officer concerned had not conducted any valid enquiry in accordance with the provisions of the Cr.P.C.
Issues: 1. Whether the police officer was negligent in not performing his duties in accordance with the procedure provided under the Cr.P.C.? 2. Whether the petitioner was entitled to a direction from the court to register an FIR and conduct an investigation?
Ratio Decidendi: 1. The court held that the police officer was guilty of dereliction of duty in not performing his duty to register the FIR and act further in accordance with the law. The court emphasized that the police officer is duty-bound to act in accordance with the procedure prescribed under the statute and cannot refuse to register a case on information relating to a cognizable offense. 2. The court held that the petitioner was entitled to a direction from the court to register an FIR and conduct an investigation, as the police officer concerned had failed to perform his duties in accordance with the law.
Final Decision: The court allowed the petition and directed the Senior Superintendent of Police, Bathinda, to register a case on the basis of the allegations contained in the petition and the complaint. The court also directed the SSP to conduct the investigation himself and sent a copy of the order to the Director General of Police, Punjab, for taking appropriate action against the delinquent officials.
1. A prayer has been made in this petition under Section 482, Cr.P.C. seeking direction to the respondents by this Court for registration of a criminal case under Sections 382/384/386/389/392/395/148/149, I.P.C.
2. It has been averred in the petition that petitioner Gurjant Singh is a registered power of attorney on behalf of Smt. Amarjit Kaur, w/o Balwant Singh and Smt. Dalji Kuar w/o Gurbans Singh, both residents of village Gill Kalan, Tehsil Phul, Distict Bathinda vide registered power of attorney No. 7913, dated 13-12-1996.
3. The Government of India had issued a stage carriage permit in favour of Smt. Daljit Kaur and Smt. Amarjit Kaur for plying a mini bus betwen Rampura Nathana vide permit dated 30-1-1996 issued under the signature of Secretary, Regional Transport Authority, Ferozpur. A bus No. PB-03-D-4200 was purchased by Smt. Daljit Kaur and Smt. Amarjit Kaur for plying on the said route. The petitioner being the power of attorney of Smt. Daljit Kaur and Amarjit Kaur used to manage the running of the bus as per the route permit of bus No. PB-03-D-4200 plying between Rampura Nathana.
4. It is then mentioned in the petition that on 16-4-1997 at about 11.45 a.m. when the petitioner was travelling in his mini but No. PB-03D-4200 on the route between Rampura and Nathana, Inderbit Singh son of Harpal Singh armed with a rifle, Harpal Singh son of Hardam Singh armed with a rifle residents to village Harnam Singh wala, Tehisil Phul, Gurmait Singh son of Mehar Singh, resident of village Mehraj armed with double barrel rifle, Barinder Singh son of Avtar Singh resident of Rampura Mandi armed with a double barrel gun, Gurtej Singh son of Mehar Singh resident of village Mehraj armed with Gandasa, Swinder Pal Singh resident of Rampura armed with a kirpan, Ranjit Singh driver of village Kaleke armed with a Dang Blocked the road by parking their truck bearing registration No. PAT-2685 near the brick Kiln at a distance of 4 kilometers from villalge Bath. Inderbir Singh son of Harpal Singh who was armed with a rifle signalled the driver to stop the bus and all the men who were armed with rifles climbed the bus after opening the windows. Barinder Singh pointed his rifle on the neck of Mit Singh and asked him to hand over the keys of the bus and to get down from the bus while Inderveer Singh put his rifle on the neck of Jugaraj Singh, conductor and asked him to hand over the cash bag to him. Thus, after putting Jugaraj Singh conductor under fear of death, Inderveer Singh and Harpal Singh snatched the cash bag from the conductor containing cash worth Rs. 900/- and B part of permit and other papers of the bus. Gurmai Singh and Barinder Singh pointed their rifles towards the neck of Mit Singh driver and asked him to get down from the bus and in case he failed to do so he will be done to death. Thus, under this threat the driver got down from the bus and left the keys in the ignition point. Gurtej Singh and Swinder Pal Singh started hurling filthy abuses to the petitioner in the name of mother and sister and asked him to get down from the bus. On being threatend the petitioner came out of the bus along with other passengers after being threatened by them. Ranjit Singh driver started the bus and all these persons took away the bus of the petitioner along with the registration book and insurance policy after putting the petitioner in fear of death.
5. It is further averred in the petition that the petitioner lodged a written complaint at police post Bhucho Mandi on 16-4-1997 itself narrating the entire facts of the incident before the Station House Officer Incharge Police Post Bhucho (Respondent No. 3). A copy of the complaint lodged before the SHO is annexed as Annexure P-1 with this petition.
6. It is then averred in the petition that on 17-4-1997 the petitioner approached the Senior Superintendent of Police Bathinda (Respondent No. 2) for taking action against the accused and for registeration of a criminal case against them since it
