Rajasthan High Court - Jodhpur
Nagaur Zila Dugdh Utpadak Sakari Sang ... vs State Of Rajasthan on 26 October, 2021
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5748/2021
Nagaur Zila Dugdh Utpadak Sakari Sang Limited Nagaur, (A Unit
Of Rajasthan Co-Operative Dairy Federation Ltd, Jaipur) Through
Its Manager Director Madan Lal Bagdhi S/o Shri Bhanwer Lal Ji
Aged About 54 Years Office Near Krishi Mandi Bikaner Road
Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principle Secretary Home
Department, Government Of Rajasthan Jaipur.
2. The Director General Of Police Government Of Rajasthan,
Jaipur.
3. Superintendent Of Police, Nagaur.
----Respondents
For Petitioner(s) : Mr. B.P. Mathur
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 26/10/2021 Learned counsel for the petitioner submits that the complaint filed before the Police discloses a cognizable offence, however, the police is not registering the FIR. Learned counsel for the petitioner relies upon the judgment of Hon'ble the Supreme Court in the case of Lalita Kumari Vs. Govt. of U.P. & Ors. in Writ Petition (Criminal) No.68 of 2008 decided on 12.11.2013 wherein Hon'ble the Supreme Court held as under:-
"Therefore, in view of various counter claims regarding registration or non-registration, what is necessary is only that the information given to the police must disclose the commission of a cognizable offence. In such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and (Downloaded on 26/10/2021 at 09:38:36 PM) (2 of 2) [CRLMP-5748/2021] perhaps the police can conduct a sort of preliminary verification or inquiry for the limited purpose of ascertaining as to whether a cognizable offence has been committed. But, 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. If, after investigation, the information given is found to be false, there is always an option to prosecute the complainant for filing a false FIR."
In the light of the judgment pronounced by Hon'ble the Supreme Court in the case of Lalita Kumari (supra), learned counsel for the petitioner seeks liberty to approach the Superintendent of Police, Nagaur by way of filing a representation.
Thus, the present misc. petition is disposed of with a direction to the Superintendent of Police, Nagaur that the representation of the petitioner may be examined and appropriate action may be taken strictly in accordance with law in the light of the judgment of the Hon'ble Supreme Court.
(VINIT KUMAR MATHUR),J 212-praveen/-
(Downloaded on 26/10/2021 at 09:38:36 PM) Powered by TCPDF (www.tcpdf.org)