ASIM BHATTACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) ALLEGING police inaction, this writ application has been brought before this court. It is the case of the writ petitioner that he obtained an auto loan from the HDFC Bank under an agreement and by utilizing the loan amount purchased a second hand Toyota Qualis vehicle. It is his further case that after purchase due to some unforeseen circumstances the petitioner could not pay back the monthly installments. When the respondent nos. 5 and 6 forcibly re -possessed the said vehicle without taking recourse to law. He further submitted the incident was immediately reported to the local police station as police took no action, he made a complaint to the Learned Chief Judicial Magistrate, Alipore against the private respondent no. 6 and other unknown persons for commission of offences punishable under Sections 120B/387/323/406/506 IPC, whereupon the Learned Magistrate forwarded the same to the Officer -in -Charge of the Alipore Police Station invoking his power under Section 156(3) Cr.P.C. and directed him to treat the same as FIR and to investigate the matter. He further submitted besides the offences punishable under the Indian Penal Code, the offence punishable under Section 197 of the Motor Vehicles Act, was also committed. Then he vehemently contended in terms of Section 23 of the Police Act, 1861, the police is obliged to carry out all lawful orders passed by any competent court, still in this case neither any FIR was registered nor any investigation was started. He further submitted according to the provision of Police Act, the Officer -in -Charge of Alipore Police Station ought to have registered the FIR for the offences committed by the private respondents, as referred in his petition of complaint and also under the provision of Motor Vehicles Act and then to take steps for recovery of the vehicle. Now, it is submitted the police be directed to at once register an FIR against the accused persons and take steps for recovery of the vehicles.

(2.) IN this connection, the learned counsel of the petitioner relied on a decision of a Division Bench of this court in the case of Bhanu Pratap Singh vs. State of West Bengal & Ors. reported in, 2007(3) CHN 975.

(3.) THE learned Counsel for the State vehemently refuted the allegation of police inaction and submitted that upon receipt of the order from the court concerned, the police at once registered the FIR being Alipore P.S. Case No. 259/12 under Sections 120B/397/323/406/506 IPC and undertook the investigation and already investigation is over and as it was found the dispute was absolutely civil in nature, the police has submitted final report seeking discharge of the accused persons from the case.