SAKHI MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner against the order dated 24.07.2018 whereby, the learned Addl. Chief Judicial Magistrate, Suratgarh, Distt. Sriganganagar has refused to send the petitioner's complaint for registration of FIR under Section 156(3) Cr.P.C.

(2.) Learned counsel for the petitioner submits that this is a case of abduction and beating by accused persons illegally due to which the petitioner has sustained injuries on his body. He filed complaint before the S.H.O. P.S. City Suratgarh and Superintendent of Police, Sriganganagar. However, no action was taken and finally, the petitioner filed a complaint before the competent Court for registration of an FIR, however, the learned Additional Chief Judicial Magistrate, Suratgarh vide impugned order dated 24.07.2018 refused to send the complaint for registration of FIR and observed that the complainant may get his witnesses examined for the purpose of inquiry.

(3.) Counsel for the petitioner submits that the offences are cognizable offences and the complaint should have been sent to the concerned police station for registration of FIR under Section 156(3) Cr.P.C. He placed reliance on the judgment of Hon'ble Supreme Court in the case of Lalita Kumari vs Govt of U.P and Ors reported in AIR 2014 SC 187 wherein, Hon'ble Apex Court has held that if the information given clearly mentions the commission of a cognizable offence, there is no other option but to register an FIR forthwith. Other considerations are not relevant at the stage of registration of FIR, such as, whether the information is falsely given, whether the information is genuine, whether the information is credible etc. These are the issues that have to be verified during the investigation of the FIR. At the stage of registration of FIR, what is to be seen is merely whether the information given ex facie discloses the commission of a cognizable offence. So in these circumstances, the order passed by the Additional Chief Judicial Magistrate, Suratgarh deserves to be set aside.