STATE OF RAJASTHAN Vs. AAS MOHAMMED

JUDGEMENT

(1.) HEARD.

(2.) THE Additional Civil Judge(Senior Division) and Additional Chief Metropolitan Magistrate No.4, Jaipur Metropolitan, vide its order dated 12.12.2011 passed in Case No.162/2011, referred the present matter under Section 15(2) of the Contempt of Courts Act, 1971 to initiate contempt proceedings against contemnor Shri Aas Mohammed, the then S.H.O, Police Station Gandhi Nagar, Jaipur. It has been observed in the order that complainant Kuldeep Sharma had filed a criminal complaint in the Court, which was forwarded on 13.08.2010 under Section 156(3) Cr.P.C. for registration of First Information Report. THE said complaint had been received at Police Station Gandhi Nagar, Jaipur on 17.08.2010, however it was not registered immediately and the same was registered only on 07.09.2010, whereas total 35 FIRs' were registered during the period from 17.08.2010 to 07.09.2010 and 5 cases were registered during the said period on the basis of direction under Section 156(3) Cr.P.C. It was further observed that from the documents annexed with the application, it is clear that the then S.H.O. Shri Aas Mohammed deliberately/malafidely disobeyed the order of the Court by not registering the FIR immediately, which amounts to criminal contempt.

(3.) THE Hon'ble Apex Court in Lalita Kumari Vs. Government of Uttar Pradesh And Others, (2008) 7 SCC 164, in para 6 has observed that if steps are not taken for registration of FIRs immediately and copies thereof are not made over to the complainants, they may move the Magistrates concerned by filing complaint petitions to give direction to the police to register case immediately upon receipt/production of copy of the orders and make over copy of the FIRs to the complainants. It has further been observed that in case FIRs' are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the Magistrate concerned would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them. Para 6 of the order is reproduced as under:-