Delhi District Court
Pronouncements Including Lalita ... vs . Govt. Of U.P. & Ors., on 21 January, 2016
Arun Kapoor v. Keshav Dev & Anr.
CC No. 193/1/15
PS: Karol Bagh
U/s 156 (3) Cr. P.C
21/01/ 2016
Present: Ld. Counsel Ms. Indu Gautam for the complainant.
1.Arguments were heard on on the application U/s 156 (3) Cr. P.C. Record perused.
2. Briefly stated that the complainant has been cheated by the proposed accused persons to the tune of Rs. 1,90,000/-. It is alleged that both the accused persons are running a racket of duping and the defrauding innocent people by alluring them to purchase plots/flats at cheap rates and proposed accused persons flew away with the amount of innocent people entrusted to them towards the price of plots/flats. It is further alleged that complainant was also allured by the proposed accused persons to purchase the ground floor of property bearing no. 623A, Gali No. 12, Ground Floor, Nehru Nagar, Jeevan Clinic, Patel Nagar, New Delhi-110 008 ad measuring approximately 32 sq. yards. Upon the inducement of proposed accused persons, complainant entered into an agreement to sell dated 11.06.2015 and paid Rs. 1,90,000/- to proposed accused persons as "Bayana" amount but thereafter proposed accused persons did not turn up and never executed sale deed with respect to aforesaid property and did not return "Bayana" amount. Complainant also got the information that proposed accused persons had indulged in dealing of aforesaid property with other persons also and thereby running a racket of CC No. 193/1/15 Arun Kapoor v. Keshdev page 1 of 4 committing fraud and cheating with the people. Thereafter, complainant lodged complaint with SHO PS Karol Bagh on 09.10.2015 but of no avail.
3. The counsel appearing for the complainant has submitted that despite cognizable offence of cheating being made out, the police has failed to discharged its statutory obligation by not registering the FIR on the complaint.
4. The Ld. Counsel also submits that proposed accused persons are running a racket of committing offence of cheating and fraud with the people by inducing them to purchase a property at lowest price and by running away with the hardened money of innocent people and detailed investigation is required for unearthing the modus operandi adopted by the proposed accused persons as well as to go into the depth of crime in question. The Ld. Counsel thus submits that the complaint in question clearly discloses the commission of the offences contemplated U/s 420/406/506/120B IPC. It is further submitted by the Ld. Counsel that police officials wants to shirk their responsibility of by not registering the FIR on the pretext that no cognizable offence is being made out.
5. My attention has also been drawn to the various judicial pronouncements including Lalita Kumari vs. Govt. of U.P. & Ors., AIR 2014 SC 187; Lallan Chaudhary vs. State of Bihar, 2006 (3) JCC 1731; & Radha vs. State of Delhi, 2011 (2) JCC 1414 to show that when any complaint discloses commission of a cognizable offence, the police is bound to register the FIR.
CC No. 193/1/15 Arun Kapoor v. Keshdev page 2 of 4
6. I have considered the aforesaid facts and circumstances and also gone through the ATR. From the perusal of the complaint, it is clear that there are categorical allegations of inducing the innocent people to purchase properties at lowest price by the proposed accused persons and thereafter running away with the money entrusted to proposed accused persons on the pretext of purchase of properties. Complainant has also alleged that proposed accused persons extended threat to complainant to face dire consequences. It is revealed that matter has not been investigated properly by the police officials on the pretext that dispute is of civil nature and no cognizable offence is being made out. Obviously, the veracity and the genuineness of the allegations made in the complaint can only be verified after proper investigation and at this stage, it would not be proper to comment upon the merits of the allegations and the averments made in the complaint. In Ramesh Kumari vs. State, 2006 Cri LJ 1622, it was held that -
"Genuineness or credibility of the information is not a condition precedent for registration of a case and that can only be considered after registration of the case. The mandate of Section 154 of the Code is that at the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence, the police officer concerned cannot embark upon an enquiry as to whether the information laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not relevant or credible."
7. It is also a settled proposition of law that a First Information Report is not an encyclopedia which must disclose all facts and details of the offence reported. The provisions of Section 154 of the Code of CC No. 193/1/15 Arun Kapoor v. Keshdev page 3 of 4 Criminal Procedure, 1973 impose an absolute obligation and duty on the officer in-charge of a police station to record information in the FIR Register whenever the information so received discloses the commission of a cognizable offence. Meaning thereby that the officer in-charge of a police station has no option or discretion to not to register an FIR in such circumstances otherwise, it would defeat the Legislative intent behind the spirit of Section 154 of Cr. PC.
8. In view of the aforesaid discussion, I am satisfied that the complaint in question discloses the commission of various cognizable offences and the allegations, if taken on face value, are also of serious nature, which may require sustained interrogation / investigation and also possibly some scientific investigation to bring out the truth on record. All the evidence are not within the reach of complainant and further investigation is required.
9. Hence, the present application U/s 156 (3) Cr. PC is allowed and the SHO, PS: Karol Bagh is directed to register an FIR. Copy of this order be sent to the SHO, PS: Karol Bagh to register an FIR in the present case. Copy of the FIR so registered be also supplied to the complainant within next 3 days.
10. List for Status Report on 16.02.2016.
Pronounced and Signed in the Open Court on 21.01.2016 (Shilpi Jain) MM-01(Central)/THC/Delhi 21.01.2016 CC No. 193/1/15 Arun Kapoor v. Keshdev page 4 of 4