VIJAYA VASANT NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned A.P.P. for State. Rule. Learned A.P.P. waives service for the Respondents. Taken up for hearing.

(2.) The grievance of the petitioner in this petition under Article 226 of the Constitution of India is that though the petitioner has made a complaint dated 26 th August, 2011 with Vadgaon Nimbalkar Police Station, Taluka Baramati, District Pune alleging the commission of cognizable offence by certain persons, no action has been taken on the basis of said complaint. On the last date, we directed the learned A.P.P. to take instructions. However, the learned A.P.P. states that concerned Officer has not given instructions.

(3.) It will be necessary to make a reference under Section 154 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "said Code"). Subsection 1 of Section 154 uses the word "shall". Sub section 1 of Section 154 came up for consideration before a Full Bench of this Court. In the case of Sandeep Rammilan Shukla V/s. State of Maharashtra & Ors., 2009 1 MhLJ 97, the Full Bench held that the expression "shall" appearing in section 154 of the said Code is mandatory and the section places an absolute duty on the part of the officerincharge of police station to record information and place substance thereof in the prescribed book, when the information supplied or brought to his notice discloses commission of a cognizable offence. Full Bench held that the law does not specifically prohibit conducting of a limited preliminary inquiry, prior to registration of First Information Report in exceptional and rare cases by the officerin charge of Police Station. The Full Bench has laid down the manner in which the preliminary enquiry should be held. Full Bench held that such enquiry shall be completed expeditiously and in any case not later than two days. Thus, the Rule is that when information relating to the commission of a cognizable offence, even if given orally to an officerin charge of police station, the same shall be reduced in writing in the manner provided under subsection 1 of Section 154 of the said Code. Thus, it is obvious that what is provided in subsection (1) of Section 154 is the mandatory duty. The law enjoins the said officer to act immediately and to register the offence without any loss of time so that the investigation starts immediately. The recourse to the preliminary inquiry can be taken only in rare and exceptional cases. The Full Bench has fixed outer limit of two days to hold such inquiry.