Point of Law : Power of police officers to investigate cognizable case - Invocation of power under S. 156(3) Cr.P.C. compliance of Section 154 (3) Cr.P.C. is not mandatory though even after exhausting aforesaid provision, FIR is not lodged, one can invoke S. 190 Cr.P.C.

JUDGMENT :

1. Heard Sri Rakesh Tripathi I, learned counsel for the petitioners and Sri Patanjali Mishra, learned AGA appearing for the State.

2. By this writ petition, a challenge is made to the FIR dated 04.02.2021 registered as Case Crime No. 0042 of 2021, under Sections 323, 504, 506 and 307 IPC, Police Station Garhmukteshwar, District Hapur.

3. The FIR has been challenged having been lodged as a counter blast to the injunction order passed against the complainant on a suit preferred by the petitioner. In view of the above, prayer is to quash the FIR, as it is motivated one.

4. The second argument of the learned counsel for the petitioners is in reference to Section 154 Cr.P.C. He submits that one needs to approach the office incharge for registration of the FIR. If FIR is not registered then to approach the Superintendent of Police. Without approaching the police officer, an application under Section 156(3) Cr.P.C. was filed. The FIR was registered pursuant to the order passed by the Court under Section 156(3) Cr.P.C. ignoring that order aforesaid could not have been passed without first complying the provision of Section 154 Cr.P.C. On both the grounds, challenge is made to the FIR.

5. We have considered the submissions made by the learned counsel for the petitioners and perused the record.

6. The challenge to the FIR has been made alleging it to be as a counter blast. It is ignoring that allegation for commission of offence under Section 323 and 307 has also been made thus case does not fall under any of the ground set out by the Apex Court in the case of State of Haryana Vs. Bhajan Lal; 1992 SCC (Cr.) 426 and in a recent judgment of the Apex Court in the case of State of Telangana Vs. Habib Abdullah Jeelani and others; 2017 (2) SCC 779. Any comment on the facts may cause prejudice to either of the party. We are thus not making any comment on facts. So far as second argument is concerned, a reference of Section 154(3) Cr.P.C. has been given. The same is quoted hereunder for ready reference:

154. Information in cognizable cases. (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence under Section 326A, Section 326B, Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, Section 376E or Section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that-

(a) in the event that the person against whom an offence under Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, Section 376E or Section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of aninterpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause

(a) of sub-section (5A) of section 164 as soon as possible.

(2) A copy of t