SUKHDEV SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner prays for registration of FIR in respect of an occurerence dated 21.7.1997 wherein one D.K. Chopra, Manager, Freignt Carriers of India, Jalandhar allegedly dispossessed the petitioner and took forcible possession of the disputed property. Prior to this, D.K. Chopra, has lodged FIR against the petitioner at P.S. Division No. 1, Jalandhar, copy Annexure P1, under Sections 457/380 IPC. He had also filed a civil suit claiming the relief of permanent injunction against the petitioner wherein ad-interim order of injunction was passed by the Court. The grievance of the petitioner is that D.K. Chopra aforesaid under the garb of the FIR, copy Annxure P1, and ad-interim order of injunction could not take law in his own hands and forcible possession of the disputed shop. The petitioner reported the matter to the local police. The reply filed by the respondents shows that the FIR lodged by D.K. Chopra was investigated as also the allegations made by the petitioner. The relevant reply is in para 4, which reads as under :

(2.) RESPONDENTS under garb of enquiry into the allegations made by the petitioner have investigated the matter and found the version of the petitioner as false. Once the complaint of the petitioner disclosed commission of a cognizable offence, the proper course according to law as provided by Section 154 (1) Cr.P.C. is to register the FIR and then investigate the same and the vice-versa could not be resorted to legally. That is to say that the investigation was undertaken prior to the lodging of the FIR. That being so, this petition has considerable merit and is allowed and direction is issued to the respondents particularly respondent No. 3 the Incharge of Police Station Industrial Area, District Jalandhar to register FIR on the basis of the complaint of the petitioner, a copy of which may be produced by the petitioner before him and register FIR according to law and take follow-up action as per law. Directions be carried out expeditiously but not later than two weeks from the date of communication of this order.