RIMA GULSHAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE Petitioner has invoked the jurisdiction of this Court under Articles 226 and 227 of Constitution of India and under Section 482 CrPC with the following prayers : -

(2.) THE grievance of the Petitioner is that in the Complaint Case No.27/01 filed by her, she also filed an application under Section 156(3) CrPC praying that as the allegations made in the complaint disclosed commission of cognizable offences, the concerned Police Station be directed to register an FIR and investigate.

(3.) LEARNED counsel for the Petitioner submitted that the impugned order is liable to be set aside as the reasoning and the finding by learned MM are against the settled legal position. Learned counsel for the Petitioner has referred the decision of the Constitution Bench of the Supreme Court in Lalita Kumari vs. Govt. of U.P. and Ors. : AIR 2014 SC 187 wherein after considering the entire case law on the subject, it was held that provisions of Section 154 CrPC are mandatory and the police officer is duty bound to register the case without looking into the reasonableness and credibility of the said information. He further submitted that the Supreme Court also held that when the information received does not disclose the commission of a cognizable offence, only then the preliminary inquiry can be conducted limited only to the extent of ascertaining whether the information reveals commission of any cognizable offence and not to verify the veracity or otherwise of the information received.