Case Note & Summary
The petitioner, Arun Devare, filed a criminal writ petition seeking a direction to the police to register an FIR against respondents 3 to 5 for allegedly preparing forged and fraudulent approval documents to appoint respondent no. 4 as a Drawing Teacher, thereby enabling her to withdraw salary from the public exchequer for over twelve years. The petitioner claimed that his own services were terminated despite a School Tribunal order of reinstatement, which was upheld by the Supreme Court, and that contempt proceedings were pending. The Deputy Education Officer's affidavit confirmed the fraudulent approval. The police had not registered an FIR despite the complaint. The court held that the complaint disclosed a cognizable offence under the Indian Penal Code, and the police were bound to register an FIR under Section 154 CrPC. The court rejected the argument that the petitioner should approach the Magistrate under Section 156(3) CrPC, stating that the High Court could issue mandamus in such cases. The court directed the Superintendent of Police, Dhule, to ensure registration of an FIR and investigation within two weeks.
Headnote
A) Criminal Procedure Code - Registration of FIR - Mandamus - Section 154 CrPC - When a complaint discloses a cognizable offence, the police are duty-bound to register an FIR. Failure to do so entitles the aggrieved person to seek a writ of mandamus from the High Court. In this case, the petitioner alleged forgery of approval documents and fraudulent withdrawal of salary from the public exchequer, which constitutes a cognizable offence. The court directed the police to register an FIR and investigate. (Paras 6-8)
B) Criminal Procedure Code - Investigation - Section 156(3) CrPC - The court clarified that the remedy under Section 156(3) CrPC before a Magistrate is also available, but the High Court can exercise its writ jurisdiction in appropriate cases. (Para 7)
Issue of Consideration
Whether the police can refuse to register an FIR when the complaint discloses a cognizable offence of forgery and fraud, and whether a writ of mandamus can be issued to compel registration.
Final Decision
The court allowed the petition, directing the Superintendent of Police, Dhule, to ensure registration of an FIR against the concerned persons within two weeks and to investigate the matter.
Law Points
- Mandamus
- Registration of FIR
- Cognizable offence
- Section 154 CrPC
- Forgery
- Fraud
- Public exchequer
Case Details
2020 LawText (BOM) (06) 3
Criminal Writ Petition No. 76 of 2020
T.V. Nalawade, Shrikant D. Kulkarni
Mr S.S Deshmukh (for petitioner), Mr M.M. Nerlikar (A.P.P. for respondents 1,2,6), Mr P.S. Paranjape (for respondents 3 to 5)
The Superintendent of Police, Dhule; The Police Inspector, Songir Police Station; Subhash s/o Sahebrao Patil; Chetana Subhash Patil; Kailas Jairam Suryawanshi; Education Officer (Secondary), Zilla Parishad, Dhule
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Nature of Litigation
Criminal writ petition seeking mandamus to direct police to register an FIR for alleged forgery and fraud.
Remedy Sought
Petitioner seeks issuance of writ of mandamus to register crime against persons involved in preparing forged and fraudulent approval to services of respondent no.4 and getting salary of that post.
Filing Reason
Police failed to register FIR despite complaint disclosing cognizable offence of forgery and fraudulent withdrawal of salary from public exchequer.
Previous Decisions
School Tribunal upheld petitioner's reinstatement, endorsed by Supreme Court; contempt proceedings pending before High Court.
Issues
Whether the police can refuse to register an FIR when the complaint discloses a cognizable offence?
Whether a writ of mandamus can be issued to compel registration of FIR?
Submissions/Arguments
Petitioner argued that the complaint disclosed a cognizable offence and police were duty-bound to register FIR.
Respondents argued that the petitioner should approach the Magistrate under Section 156(3) CrPC.
Ratio Decidendi
When a complaint discloses a cognizable offence, the police are bound to register an FIR under Section 154 CrPC. Failure to do so entitles the aggrieved person to seek a writ of mandamus from the High Court, and the remedy under Section 156(3) CrPC is not a bar.
Judgment Excerpts
The petitioner seeks issuance of writ of mandamus to register the crime against the persons involved in the incident of preparing forged and fraudulent approval to the services of respondent no.4 and getting the salary of that post.
When the complaint discloses a cognizable offence, the police are bound to register the crime and investigate the matter.
The remedy under Section 156(3) of Cr.P.C. is also available to the petitioner, but that does not take away the right of the petitioner to seek mandamus from this Court.
Procedural History
Petitioner filed criminal writ petition before Bombay High Court, Aurangabad Bench, seeking mandamus to register FIR. Heard finally at admission stage with consent.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 154, 156(3)
