BHUPINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of a petition filed under Section 482 Cr.P.C., the petitioner prays for issuance of a direction to SSP, Police District Ropar and SHO, Police Station, Phase-8, Mohali, District Ropar/respondents No. 2 and 3 respectively for registering a case under Sections 363, 366, 376 and 379 IPC and such other relevant sections of the IPC, which might be attracted in respect of the incident which took place on 10.4.1996 by which cognizable offences have been committed by respondent No. 4/Kewal Singh.

(2.) NOTICE of motion was issued to the respondents. The official respondents (Nos. 2 and 3) are represented by the learned AAG for the State of Punjab.

(3.) THE written statement on record shows that the registration of the case was resisted on merits on the ground that Gurinder Kaur had married respondent No. 4/Kewal Singh and a copy of DDR No. 26 dated 30.3.1996 (Annexure R-1) was filed in that regard. The written statement is more confined to the merits of the case than to the claim regarding non- registration of the case. The registration of the FIR is mandatory in cases where commission of cognizable offences has been disclosed. It is only after registration of the FIR that the police will investigate into the matter and if no case is made out the police/Investigating Agency is at liberty to file a cancellation report and if the allegations made in the FIR are prima facie found correct, then a challan has to be filed as per provisions of Section 173 Cr.P.C. The police cannot prejudge the issue and refuse to register a case because it feels that on merits perhaps the allegations made by the complainant are not true.