Case Note & Summary
The petitioner, Pawan Ramkisan Chandak, a farmer, filed a criminal writ petition before the Bombay High Court, Aurangabad Bench, seeking a direction to the police to register a First Information Report (FIR) against the Chairman, Vice-Chairman, and other officials of NSL Sugar Limited, Majalgaon, for offences of cheating, criminal breach of trust, misappropriation of amount, and offences under the Essential Commodities Act, 1955 read with the Sugarcane (Control) Order, 1966. The petitioner alleged that he had supplied sugarcane to the sugar mill but was not paid the price within the prescribed period. He had made complaints to the Police Inspector, Majalgaon Rural Police Station, the Sub-Divisional Police Officer, the Superintendent of Police, Beed, and the District Collector, Beed, but no FIR was registered. The court considered the legal issue of whether the police are bound to register an FIR when a complaint discloses a cognizable offence. The court held that under Section 154 of the Code of Criminal Procedure, 1973, it is mandatory for the police to register an FIR if the complaint discloses a cognizable offence. The court noted that the failure to pay the price of sugarcane within the prescribed period is a contravention of the Sugarcane (Control) Order, 1966, which is an offence under the Essential Commodities Act, 1955, and also may involve offences under Sections 406 and 420 of the Indian Penal Code. The court directed the police to register an FIR based on the petitioner's complaint and investigate the matter in accordance with law. The court also disposed of the connected Criminal Application No. 3960 of 2019 filed by NSL Sugar Ltd. seeking to intervene, as the main petition was allowed.
Headnote
A) Criminal Procedure Code, 1973 - Section 154 - Registration of FIR - Duty of Police - When a complaint discloses a cognizable offence, the police officer is bound to register an FIR. Failure to do so entitles the aggrieved person to approach the Superintendent of Police under Section 154(3) or file a complaint before the Magistrate under Section 156(3) or Section 200. The High Court can also direct registration under Article 226 of the Constitution. (Paras 4-6) B) Essential Commodities Act, 1955 - Section 3 - Sugarcane (Control) Order, 1966 - Non-payment of Sugarcane Price - The failure to pay the price of sugarcane supplied to a sugar mill within the prescribed period amounts to a contravention of the Sugarcane (Control) Order, 1966, which is an offence under the Essential Commodities Act, 1955. The police are duty-bound to register an FIR and investigate such complaints. (Paras 2-3, 7) C) Indian Penal Code, 1860 - Sections 406, 420 - Criminal Breach of Trust and Cheating - Allegations of misappropriation of funds and cheating by the management of a sugar mill in relation to non-payment of sugarcane price may also constitute offences under the Indian Penal Code, and the police must register an FIR if the complaint discloses such offences. (Para 2)
Issue of Consideration
Whether the police are bound to register a First Information Report (FIR) when a complaint discloses a cognizable offence, and whether the failure to do so can be remedied by a writ petition under Article 226 of the Constitution of India.
Final Decision
The petition is allowed. The respondents are directed to register the crime on the basis of the complaint made by the petitioner and investigate the matter in accordance with law. Rule is made absolute in those terms. Criminal Application No. 3960 of 2019 is disposed of.
Law Points
- Duty of police to register FIR when complaint discloses cognizable offence
- Essential Commodities Act 1955 Section 3
- Sugarcane (Control) Order 1966
- Criminal breach of trust
- Cheating
