Case Note & Summary
The petitioners, owners of land in Ujire village, filed a complaint on 10.5.2014 alleging that on 9.5.2014 at 8.00 pm, a group led by Mahesh Shetty Thimarody trespassed into their arecanut plantation and committed theft of arecanut. The complaint was lodged with the 5th respondent (Station House Officer, Belthangady Police Station). However, the police issued an endorsement dated 14.5.2014 refusing to register an FIR. The petitioners then approached the High Court under Section 482 CrPC seeking quashing of the endorsement and a direction to the City Crime Branch, Mangalore to investigate and register an FIR. The court noted that the complaint disclosed a cognizable offence of trespass and theft. The police were duty-bound to register an FIR under Section 154 CrPC. The court held that the endorsement refusing to register FIR was illegal and liable to be quashed. Further, considering the apprehension of the petitioners that the local police may not conduct a fair investigation, the court directed the City Crime Branch, Mangalore to investigate the matter and register an FIR based on the complaint. The petition was allowed.
Headnote
A) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Police Refusal to Register FIR - Where a complaint discloses a cognizable offence, the police are bound to register an FIR under Section 154 CrPC. The High Court can quash an endorsement refusing to register FIR and direct investigation by another agency to ensure fair investigation. (Paras 1-5)
B) Criminal Procedure Code - Investigation - Transfer of Investigation - Section 482 CrPC - The High Court, in exercise of its inherent powers, can direct investigation by a different agency if there is apprehension of bias or lack of proper investigation by the local police. (Para 5)
Issue of Consideration
Whether the police can refuse to register an FIR on a complaint disclosing a cognizable offence, and whether the High Court can direct investigation by another agency under Section 482 CrPC.
Final Decision
The petition is allowed. The endorsement dated 14.5.2014 issued by the 5th respondent is quashed. The City Crime Branch, Mangalore, D.K. District is directed to take up investigation and lodge an FIR based on the complaint dated 10.5.2014 lodged by the petitioners with the 5th respondent.
Law Points
- Section 482 CrPC
- inherent powers
- police duty to register FIR
- cognizable offence
- trespass
- investigation
Case Details
2014 LawText (KAR) (07) 45
Criminal Petition No.3708/2014
Y.R.Sadashiva Reddy, Senior Counsel for Shivakumar Channabasappa, Advocate (for petitioners); Keshava Murthy, Additional SPP (for respondents)
Smt. Shashikal J. Shetty and Smt. Meera T. Shetty
State of Karnataka, Department of Home; Director General of Police, Karnataka State; Superintendent of Police, D K District; Circle Inspector of Police, Belthangady Circle; Station House Officer, Belthangady Police Station
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of police endorsement refusing to register FIR and direction for investigation by another agency.
Remedy Sought
Petitioners sought quashing of endorsement dated 14.5.2014 issued by the 5th respondent refusing to register FIR, and direction to City Crime Branch, Mangalore to investigate and lodge FIR based on their complaint dated 10.5.2014.
Filing Reason
Police refused to register FIR on complaint alleging trespass and theft by a group led by Mahesh Shetty Thimarody on petitioners' land.
Issues
Whether the police can refuse to register an FIR when the complaint discloses a cognizable offence?
Whether the High Court can direct investigation by another agency under Section 482 CrPC?
Submissions/Arguments
Petitioners argued that the complaint disclosed cognizable offences of trespass and theft, and the police were bound to register an FIR under Section 154 CrPC.
Respondents did not contest the matter; the Additional SPP appeared for the State.
Ratio Decidendi
When a complaint discloses a cognizable offence, the police are duty-bound to register an FIR under Section 154 CrPC. Refusal to register FIR is illegal. The High Court, in exercise of its inherent powers under Section 482 CrPC, can quash such endorsement and direct investigation by another agency to ensure fair investigation.
Judgment Excerpts
The petitioners herein are the complainants.
Brief facts leading to this petition are as under: It is stated that at about 8.00 pm., on 9.5.2014 a group of persons headed by one Mr.Mahesh Shetty Thimarody is said to have trespassed in to a portion of aforesaid land belonging to petitioners, which is arecanut plantation.
The said complaint is said to have been lodged with the 5th respondent on 10.5.2014. However, the 5th respondent has issued an endorsement dated 14.5.2014 refusing to register the FIR.
The said endorsement is challenged in this petition.
The petition is allowed. The endorsement dated 14.5.2014 issued by the 5th respondent is quashed. The City Crime Branch, Mangalore, D.K. District is directed to take up investigation and lodge an FIR based on the complaint dated 10.5.2014 lodged by the petitioners with the 5th respondent.
Procedural History
Petitioners filed a complaint on 10.5.2014 with the 5th respondent police. The police issued an endorsement on 14.5.2014 refusing to register FIR. Petitioners then filed Criminal Petition No.3708/2014 under Section 482 CrPC before the High Court of Karnataka at Bangalore, which was heard and disposed of on 30.7.2014.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482, 154
