Mohd. Yousuf vs Smt. Afaq Jahan & Anr on 2 January, 2006
10. In view of the aforesaid broad consensus amongst
the counsel for the various parties, it is not
necessary for us to go deeper into the relevant issue
of law as to whether the earlier order of this Court
dated April 12,2010 warranted registering of F.I.R.
by the police before commencing investigation. But
we would like to only indicate in brief the law on
4
this subject expressly stated by this Court in the
case of Mohd. Yousuf versus Afaq Jahan (Smt.) and
another, (2006) 1 SCC 627. This Court explained that
registration of an F.I.R. involves only the process
of recording the substance of information relating to
commission of any cognizable offence in a book kept
by the officer incharge of the concerned police
station. In paragraph 11 of the aforementioned case,
the law was further elucidated by pointing out that
to enable the police to start investigation, it is
open to the Magistrate to direct the police to
register an F.I.R. and even where a Magistrate does
not do so in explicit words but directs for
investigation under Section 156(3) of the Code, the
police should register an F.I.R. Because Section 156
falls within chapter XII of the Code which deals with
powers of the police officers to investigate
cognizable offences, the police officer concerned
would always be in a better position to take further
steps contemplated in Chapter XII once F.I.R. is
registered in respect of the concerned cognizable
offence.