ABDUL MUBARAK Vs. SUPERINTENDENT OF POLICE,

JUDGEMENT

(1.) All these Criminal Original Petitions are filed under Sec. 482 of Cr.P.C. seeking for a direction, by directing the concerned respondent Police to register a case on the complaint of the petitioners in the respective cases. Since the issues involved in all these petitions are one and the same, all the petitions are clubbed together and the following common order is passed.

(2.) The question arises herein is whether this Court can entertain the petition filed under Sec. 482 of Cr.P.C. for a direction to register a case on the basis of the compliant given, which discloses cognizable offence.

(3.) It is settled law that the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2013 (6) CTC 353], held that registration of an FIR is mandatory under Sec. 154 of the Code of Criminal Procedure if an information furnished to the police officer disclose commission of a cognizable offence and in cases where the information does not disclose a cognizable offence, a preliminary enquiry has to be conducted. As such the respondent/ Police is not justified in having received the complaint and keeping it unattended without any further action. Therefore, the petitioners are before this Court invoking the inherent power of this Court under Sec. 482 Cr.P.C.