HAJIRA SHAMA MRS Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed to declare the inaction on the part of respondents 1 to 6 in not taking any action against respondents 7 to 9 despite lodging complaint, as illegal and arbitrary, and consequently direct respondents 1 to 6 to investigate into the complaint lodged by the petitioner and file the charge-sheet

(2.) More often than not, this Court held that if the Station House Officer of the Police Station concerned refuses to register the complaint (F.I.R.) as is required under Section 154 of the Code of Criminal Procedure, 1973 the complainant may approach the Superintendent of Police of the District concerned. But as no action is being taken by the police in registering the complaints, as is required under Section 154 of the Code the number of citizens approaching this Court under Article 226 of the Constitution of India, is on the increase, and in all such cases, similar averments to the effect that the petitioner is a victim of a crime by another person, and despite approaching the police and lodging complaint, no action is being taken by the police in registering the complaint in accordance with law, are made.

(3.) It is well settled that when any information as to the commission of a cognizable offence is given to the police, Section 154 of the Code of Criminal Procedure, 1973 obligates the officer in- charge of the Police Station to reduce the same to writing and commence the investigation, after duly furnishing a copy of the information to the complainant, as recorded by him. Even where any information as to the commission of a non- cognizable offence is given to the police, Section 155 of the Code obligates the officer in-charge of the Police Station, to enter the substance of the information in a book kept in the Police Station. If the officer in-charge of the Police Station refuses to register (enter the information in the book) as to the commission of a non-cognizable offence, the person aggrieved (complainant) may send the substance of such information to the Superintendent of Police of the District concerned, who if satisfied shall investigate the case by himself or direct the investigation thereof by any officer subordinate to him.