JEETO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Jeeto and others seek a direction for registration of a criminal case for demolition of a residential building of the petitioner and for investigation of the same.

(2.) IT is alleged that there was a waste land known as chhappar outside the village abadi. It was 7 to 8 feet deep. There was extreme shortage of space for living of the petitioners. With the consent of the villagers, the petitioners filled up the chhappar upto ground level putting hard labour of years and planted trees. They had set up a khurli for tethering cattle therein. Respondents 4 and 5 are alleged to have mixed up with the anti-social elements. They demolished part of the cattle shed and other part of the building and cut the trees. Since a cognizable offence is alleged to have committed, it is prayed that the First Information Report be got registered and matter investigated.

(3.) THE short question that comes up for consideration is as to whether the First Information Report should have been registered or not. This question had been considered by the Supreme Court in the case of State of Haryana v. Bhajan Lal, AIR 1992 SC 604 that once it is disclosed that a cognizable offence had been committed, the First Information Report should be registered, when it satisfies the requirement of Section 154(1) of the Code of Criminal Procedure. In paragraph 32, the Supreme Court held :-