DHYAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner by means of this petition under Section 482 Cr. P.C. seeks issuance of a direction to the Station House Officer Sadar, Police Station, Dadri, District Bhiwani to register FIR in respect of cognizable offences alleged to have been committed under Sections 379/380/452/506/148/149 IPC against the accused named in the complaint annexure P -1.

(2.) A perusal of the reply filed by respondent Nos. 1 to 3 will go to show that the respondents initiated proceedings under Section 107/151 Cr. P.C. only involving the parties in the case regarding the apprehension of breach of peace. Apart from it has been averred in the reply that had the police considered to take any action in the matter, the same would have been taken. The Section 154(1) Cr. P.C. makes is obligatory for the Station House Officer, Incharge of the concerned Police Station to register FIR in respect of a case where a commission of a cognizable offence has been disclosed. After carefully going through the averments made in the petition and perusing the copy of the complaint Annexure P -1 and considering the stand taken in the reply of the respondent Nos. 1 to 3, I find considereable merit in the petition. The petition is accordingly allowed and a direction is issued to the respondent - SHO/SI, Sadar, Dadri District Bhiwani to register FIR on the basis of the complaint. This direction shall be carried out within a period of 10 days from the date of receipt of a copy of this order. After registration of the FIR, the SI/SHO aforesaid shall proceed to investigate the offences according to law. A copy of this order be sent to the concerned authority i.e. SI P.S. Sadar, Dadri, District Bhiwani. Ordered accordingly.