USHA RANI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Instant petition has been preferred by Usha Rani under Sec. 482 of the Code of Criminal Procedure (for brevity 'Code') seeking direction to respondents No. 1 to 3 to register First Information Report, as per procedure laid down under Sec. 154 of the Code on the basis of complaint dated July 09, 2014 (Annexure P -3) lodged by her with respondent No. 2 for investigation and inquiry in connection with murder of Rajesh Kumar her husband by respondent No. 6.

(2.) The grouse ventilated through instant petition is that though petitioner approached the authorities for registration of a case by lodging complaint dated July 09, 2014 (Annexure P -3) against the accused persons but the police neither registered the case nor put law into motion, therefore, having failed in an attempt to get register the case, she approached this Court.

(3.) The contention of learned counsel for the petitioner is that respondents No. 1 to 3 had failed to act and take necessary action on the complaint, as required under Sec. 154 of the Code. It has further been urged by learned counsel for petitioner that any information relating to commission of cognizable offence is required to be reduced into writing by the police officer/in -charge of police station, which has to be signed by the person giving it and the substance thereof, is required to be entered in the book to be kept by such officer in the prescribed form. Copy of FIR is required to be sent forthwith to the Magistrate empowered to take the cognizance. After recording FIR, officer in -charge of police station either himself or his authorised subordinate is obliged to initiate investigation. Even, no inquiry by the police prior to recording of FIR is necessary. He cannot embark upon an enquiry as to whether the information is reliable or genuine. To buttress this contention, learned counsel for the petitioner has placed reliance upon the judgment passed by Hon'ble Apex Court in the case of Lalita Kumari vs. Government of UP and others; : 2013 (4) RCR (Criminal) 979.