JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks issuance of a direction to respondents 1 to 3 to register a cause against respondents 4 to 6 in respect of an occurrence reported to respondent No. 3, the Station House Officer, wherein the commission of cognizable offences is said to have been disclosed. An application was made before the Senior Superintendent of Police, Sangrur, respondent No. 2, a copy of which has been placed on record wherein it was alleged that the Station House Officer, Police Station Sunam, District Sangrur was not taking any interest in this matter because of his alleged complicity with the accused persons. Representation, copy Annexure P4, is the first complaint in writing made by the petitioner before the Senior Superintendent of Police Sangrur. Since no action was taken by the Senior Superintendent of Police, Sangrur, the petitioner approached this Court.

(2.) NOTICE of motion was issued to respondent No. 3 in the first instance and a reply was filed on behalf of respondents 1 to 3 by Jasdev Singh Sindhu, PPS, Deputy Superintendent of Police, Sunam. It was alleged in para 2 of the reply, inter alia, as under :-

(3.) THE provisions of the statute as contained in Section 154 Cr.P.C., it may be pointed out, are not overridden by any rules alleged to be framed for the police entitling them to make any enquiry into a complaint or representation for registration of FIR except with the limited object of ascertaining prima facie if the occurrence disclosed commission of cognizable offences. Any detailed enquiry conducted by the Police authorities for ascertaining the truthfulness of the allegations made in the complaint is contrary to the statutory provisions of Section 154 Cr.P.C. for the simple reason that after the registration of the FIR an investigation into the case is to be conducted as per the provisions contained in Chapter XII of the Code of Criminal Procedure. The investigation aforesaid cannot be undertaken prior to the registration of the FIR.