Fir for cognisable offence mandatory: SC
New Delhi, Feb 22 (UNI) The Supreme Court has again made it clear that it is mandatory for the police to register the First Information Report (FIR) Under Section 154 Cr.P.C. on receipt of information of commission of a cognisable offence.
A bench comprising Mr Justice H K Sema and Mr Justice A R Lakshmanan vide their judgement yesterday also ordered a CBI investigation into the complaint lodged by the petitioner Ramesh Kumari of Kapashera in South- West Delhi with directions to the CBI to complete the investigation within three months.
The petitioner had made complaints at police station Kapashera but no case was registered and no inquiry was made by the SHO of the police station concerned. The petitioner was in possession of the land as per the stay order passed by Delhi High Court on Auguest.
14,1997 and it was further extended by the order dated September.
The opposite party members, however broke open the lock of the petitioner and removed various articles. The petitioner also filed a contempt of court petition in the high court which is pending since 1997.
The high court dismissed her writ petition seeking registeration of the FIR against the culprits on the grounds that alternative remedy was available to her and that contempt petition was also pending in the high court.
The apex court, while setting aside the high court ruling also requested the high court to dispose of the contempt of court petition within three months otherwise the petition itself would loose its force and the purpose for which the contempt is initiated would be defeated. The Supreme Court,however made it clear that it was not expressing any opinion on merits of the case.
The complaint was also filed with the Commissioner of Police but to no avail.
The apex court has observed,"The provision of section 154 Cr.P.C.
is mandatory and the concerned officer is duty bound to register the case on the basis of such an information disclosing cognisable offence." The court also clarified that it was not casting any aspersion on anybody including the locasl police.
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