Case Note & Summary
The petitioner, Gurusharan Singh Chohan alias Raja Chohan, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1974, seeking directions to the Senior Inspector of Police, Amboli Police Station, to treat his written report dated 30th April 2020 as an FIR. The petitioner alleged that on 20th October 2019, certain individuals approached him under the pretext of procuring finance, but upon examining their credentials, he found them ineligible and refused to certify them. Subsequently, the petitioner claimed that the police failed to register his complaint regarding the incident. The court considered the legal issue of whether the police are bound to register an FIR when a cognizable offence is disclosed. The petitioner argued that the police inaction amounted to a dereliction of duty, while the respondent-State contended that the complaint did not disclose a cognizable offence. The court, relying on the Supreme Court's decision in Lalita Kumari v. Government of Uttar Pradesh, held that if the information discloses a cognizable offence, the police must register an FIR under Section 154 Cr.P.C. The court found that the petitioner's report disclosed a cognizable offence and directed the police to register an FIR. Additionally, considering the allegations of bias and inaction, the court transferred the investigation to the Joint Commissioner of Police (Crimes) to ensure a fair and impartial investigation. The petition was allowed with these directions.
Headnote
A) Criminal Procedure - Registration of FIR - Section 154 Cr.P.C. - Duty of Police to Register FIR - The petitioner alleged that the police failed to register his complaint regarding an offence. The court held that if the information discloses a cognizable offence, the police are bound to register an FIR under Section 154 Cr.P.C., relying on Lalita Kumari v. Government of Uttar Pradesh. (Paras 1-10) B) Criminal Procedure - Transfer of Investigation - Section 482 Cr.P.C. and Article 226 of the Constitution - Fair Investigation - The court directed that the investigation be transferred to the Joint Commissioner of Police (Crimes) to ensure a fair and impartial investigation, given the allegations of police inaction and bias. (Paras 11-20)
Issue of Consideration
Whether the petitioner's written report dated 30th April 2020 should be treated as an FIR and whether the investigation should be transferred to a senior police officer.
Final Decision
The court allowed the petition, directing the police to register an FIR based on the petitioner's report dated 30th April 2020 and transferred the investigation to the Joint Commissioner of Police (Crimes) for a fair and impartial investigation.
Law Points
- Article 226 of the Constitution of India
- Section 482 of the Code of Criminal Procedure
- 1974
- Section 154 of the Code of Criminal Procedure
- Lalita Kumari v. Government of Uttar Pradesh
- (2014) 2 SCC 1
