LAWS(APH)-2015-11-54

MOHD. SHAHABUDDIN Vs. STATE OF TELANGANA AND ORS.

Decided On November 27, 2015
MOHD. SHAHABUDDIN Appellant
V/S
State Of Telangana And Ors. Respondents

JUDGEMENT

(1.) The grievance of the petitioner is that the police authorities have not registered a FIR on his complaint dated 14.09.2015.

(2.) The scope and import of the statutory obligation of the police to register a FIR upon receiving a complaint is no longer res integra. In Lalita Kumari Vs. Government of Uttar Pradesh, 2014 (1) ALD (Crl.) 159 (SC), the Supreme Court, speaking through a Constitution Bench, summarised the law in connection with the registration of crimes as under :

(3.) In the light of the afore -stated settled legal position, it is not open to the police authorities to deviate therefrom or show any tardiness in taking appropriate necessary action after receiving a complaint alleging a cognisable criminal offence. In the event the offence alleged is a non -cognisable one, the police authorities are bound to follow the due procedure laid down in Sec. 155 Crimial P.C. In any event, the police authorities must take suitable action in the matter expeditiously. The Directors General of Police of the States of the Andhra Pradesh and Telangana shall issue necessary instructions in this regard to all the police officials in the States, so that the law laid down by the Supreme Court is implemented in true letter and spirit.