ASHOKBHAI MANUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.M.R.Mengdey, learned APP waives service of rule on behalf of the respondents. By way of this petition under Article 226 of the Constitution of India, the petitioner - original informant has prayed for an appropriate order, Writ and/or direction, directing the respondents to register FIR 'Annexure -D' to the petition as according to the petitioner substance of information discloses commission of cognizable offence punishable under Ss. 143, 144, 147, 148, 149, 326, 352, 506(2), 114 and 120B of the Indian Penal Code.

(2.) It is the contention on behalf of the petitioner - original informant that inspite of injunction in the Civil Suit, the petitioner and their family members are dispossessed by the persons named in the said complaint and though the complaint was made to the concerned Police Officer of the concerned Police Station i.e. Police Inspector, Anand (Rural), the same has not been registered as FIR and the same has not been investigated upon; and inspite of the fact that though information discloses commission of cognizable offences under the IPC, the complaint is registered as Non-Cognizable (NC) complaint. Therefore, when the petitioner approached the Superintendent of Police, Anand, he has instructed to the concerned D.S.P., to look into the same. However, nothing has been done till date, as according to the petitioner the persons who are involved and have committed serious offences are politically influenced persons. It is submitted that by information / complaint dtd. 4/8/2007, the petitioner has approached D.S.P., Anand (Rural) and requested him to look into the complaint and the complaint is also made to him that FIR is not registered for the cognizable offence by the P.I., Anand (Rural) Police Station.

(3.) Considering the recent judgment of the Hon'ble Supreme Court in the case of Prakash Singh Badal and Anr. V/s. State of Punjab and Ors. reported in (2007) 1 SCC 1 and considering Sec. 154 of the Criminal Procedure Code, when any information relating to the commission of cognizable offence is given to the Officer in charge of a Police Station, it shall be reduced to writing by him or under his direction, and the substance thereof shall be entered in a book by such officer in such form, and as per Sub-sec. (3) of Sec. 154 any person aggrieved by the refusal on the part of the Incharge officer of the Police Station to record the information referred to in sub-sec. (1) of Sec. 154 may send the substance of the information in writing to the Superintendent of Police concerned, who if satisfied that such information discloses commission of cognizable offence, shall either investigate the case himself or direct any Police Officer subordinate to him in the manner provided in the Criminal Procedure Code.