GIRISHCHANDRA Vs. STATE

JUDGEMENT

(1.) The generic question as to whether the investigating officer should first register the FIR and thereupon embark upon investigation is seized by the Larger Bench of the Supreme Court in the case of Lalita Kumari Vs. State of U.P. and Others, 2012 4 SCC 1 . There were conflicting views with regard to the registration of FIR. One view is to the effect that the investigating officer has discretion to make a preliminary enquiry before registering the FIR. The counter view was to the effect that the investigating officer has no discretion but to register the FIR and thereafter to embark upon investigation. In Criminal Petition No. 15941/2012, the facts reveal that the investigating officer gets credible information that in the Sub-Registrar's office, the Sub-Registrar is demanding and accepting bribe from the public, who are presenting their documents for registration. The investigating officer, without registering the said information, proceeds to the Sub-Registrar's office. Upon search of the Sub-Registrar and other officials, he does not find any money in their possession, but from other persons who are in the office and who are not the officials, substantial sums are found in possession. The investigating officer draws up mahazar, seizes the money from the said persons and thereafter arrests the Sub-Registrar, the official staff and all others from whom the amount is seized, comes back to the police station and registers the FIR.

(2.) The facts in Criminal Petition No. 15852/2012 are that on 20.07.2012, the investigating officer gets credible information about the illegal demand and acceptance of bribe by the Sub-Registrar, Basavanabagewadi. The investigating officer proceeds to the Sub-Registrar's office and seizes cash of Rs. 31,550/- which is said to be in the possession of accused No. 2 -- Document Writer and comes to know that accused No. 1 Sub-Registrar is collecting the said amount through accused No. 2 from the persons registering the documents. Thereafter, mahazar is drawn, accused persons are arrested and brought to the police station and a case is registered.

(3.) The learned Single Judge, in the above criminal petitions, has gone into the question as to whether registration of the FIR is a condition precedent to embark upon investigation and has made the following observations in para 26;