The mandatory nature of registering an FIR in cases of cognizable offences and the limitations on the police's power to avoid registering an FIR if a cognizable offence is disclosed.

JUDGMENT :

Ravindra Maithani, J.

By means of the instant petition, the petitioners seek the following reliefs:-

“I. To issue a writ, order or direction in the nature of mandamus commanding the respondents not to register any FIR against the petitioner no.2 or against the company of the petitioner no.1 or its employees, which may be lodged by the proposed buyers of the land/flats from the company of the petitioner no.1 “M/s Samiah International Builders Pvt. Ltd.” now known as “M/s Samiah International Builders Limited” with regard to its project situated at “Samiah Lake City” Kashipur Road, Rudrapur District Udham Singh Nagar.

II. To issue a writ, order or direction in the nature of mandamus commanding the respondents to ask the informant, if any, who comes to lodge an FIR against the petitioners or against the employees or officers of the company of the petitioner no.1 which is being run in the name and style of “M/s Samiah International Builders Pvt. Ltd.” now known as “M/s Samiah International Builders Limited: with regard to its project at “Samiah Lake City” Kashipur Road, Rudrapur, to settle his grievance either before the Real Estate (Regulation and Development) Authority Dehradun or put his grievance before the District Legal Service Authority Udham Singh Nagar at Rudrapur for mediation and conciliation.

III. To issue a writ, order or direction in the nature of mandamus commanding the respondents to halt the investigation in all the matters which have been registered against the petitioners or against the employees of the petitioners’ company M/s SAmiah International Builders Pvt. Ltd. now know as “Saia International Builders Ltd”, Kashipur Road, Rudrapur, with regard to the project known as “Samiah Lake City”, Rudrapur, Udham Singh Nagar.

IV. Any other relief which this Hon’ble Court may deem fit and proper, may kindly be awarded in favour of the petitioner.”

2. Heard learned counsel for the parties and perused the record.

3. According to the petitioners, they are developers and work under the name and style of M/S Samia International Builders Pvt. Ltd. (“the developers”). The developers have sanctioned a project known as Samia Lake City, wherein both 4500 flats and plots are to be sold. 1136 plots/flats have already been handed over to the purchasers out of 1812 plots/flats that has been booked. Still an amount of Rs.5,367/- Lacks is to be recovered from the persons, who have booked their plots/flats. The petitioners have grievance that the police is not exercising the power lawfully and lodging FIR after FIR against the developers without any valid reasons.

4. It is the case of the petitioners that earlier various FIRs were lodged against the petitioners in which either anticipatory bail was granted; or compromised; or protection was granted by this Court. The details are as follows:-