MEERA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for directing the respondents to register First Information Report and investigate the case pertaining to the death of Brij Raj Singh.

(2.) THE facts and circumstances giving rise to this case are that on 23. 8. 2000, at 3:15 a. m. , one Ashok Singh, Incharge of Balsamand Hotel, Jodhpur, reported the matter to the Police Station, Mandore (Jodhpur) that Brij Raj Singh had drown in the lake. THE police reached the spot, recovered the dead body of Brij Raj Singh and sent it for autopsy which was conducted on the same day by the Medical Jurist, M. G. Hospital, Jodhpur.

(3.) IN State of Haryana vs. Ch. Bhajan Lal & Ors. (2), the Hon'ble Supreme Court observed as under:- "at the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence in compliance with the mandate of Section 154 (1) of the Code, the concerned police officer cannot embark upon an enquiry as to whether the information lodged by the informant is reliable or genuine or otherwise and refuse to register a case on the ground that the information is not reliable or credible. On the other hand, the Officer INcharge of a Police Station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code to investigate, subject to the proviso to Section 157. . . . . Be it noted that Section 154 (1) of the Code, the Legislature in its wisdom has carefully and consciously used the expression `information' without qualifying the same as in Section 41 (1) (a) or (g) of the Code wherein the expressions `reasonable complaint' and `credible information' are used. Evidently, the non- qualification of the word `information' in Section 154 (1) unlike in Section 41 (1) (a) and (g) of the Code may be for the reason that the Police Officer should not refuse to record an information relating to the commission of a cognizable offence and to register a case thereon on the ground that he is not satisfied with the reasonableness or credibility of the information. IN other words. `reasonableness' or `credibility' of the said information is not a condition precedent for registration of a case. "