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Rajasthan High Court · body

2014 DIGILAW 74 (RAJ)

Amit Kumar Soni v. State

2014-01-06

NISHA GUPTA

body2014
ORDER By the Court: This Petition has been filed under Article 226 of the Constitution of India for a direction to the respondents to register FIR on the basis of complaint submitted by the petitioner. The brief facts of the case are that the petitioner filed a complaint to the Director General of Police, Anti Corruption Bureau, Rahasthan, Jhalana Doongari, Jaipur on 17.12.2011 against Surendra Singh Rajawat and others. Allegations as regard corruption have been made in the complaint and along with complaint documents have also been produced but no FIR has been registered on the same. He moved an application under Right to information Act and reply to this, Anti Corruption Bureau wrote that the matter has been sent to Principal Secretary Higher Education Department. The petitioner again filed a reminder which was not replied. Petitioner again moved an application to University of Kota but instead of his serious efforts the respondents have not registered a regular case whereas section 154 Cr.P.C. which speaks itself that if any information for cognizable offence is given it should be reduced in writing and FIR should be registered. The Government and the University officers are in collusion with each other the Anti Corruption Bureau has jurisdiction to investigate the matter but still on frivolous grounds, FIR is not going to be registered hence a direction be issued to register an FIR and investigate the matter. Learned Public Prosecutor has left the matter on the discretion of this court. Respondents no.1 to 3 have also filed a detailed reply that they are not protecting any person. University has made inspection of the institutions, some deficiencies were found and they are taking action on the matter. A confidential inquiry was conducted in the matter and the complaint submitted by the petitioner has been sent to Higher Education Department to make further proceedings. The complaint has been sent for examination hence petition be dismissed. Heard learned counsel for the parties and perused the impugned orders as well as the documents produced by the parties. The only contention of the present petitioner is that his case is covered by the law laid down in 2013 (8) Supreme 1 Lalita Kumari Vs Govt. The complaint has been sent for examination hence petition be dismissed. Heard learned counsel for the parties and perused the impugned orders as well as the documents produced by the parties. The only contention of the present petitioner is that his case is covered by the law laid down in 2013 (8) Supreme 1 Lalita Kumari Vs Govt. of U.P & Ors wherein it has been observed in para nos 39 and 40 as under: “(39) Consequently, the condition that is sine qua non for recording an FIR under Section 154 of the Code is that there must be information and that information must disclose a cognizable offence. If any information disclosing a cognizable offence is led before an officer in charge of the police station satisfying the requirement of Section 154(1), the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information. The provision of Section 154 of the Code is mandatory and the concerned officer is duty bound to register the case on the basis of information disclosing a cognizable offence. Thus, the plain words of Section 154(1) of the Code have to be given their literal meaning. ‘Shall’ 40) The use of the word “shall” in Section 154(1) of the Code clearly shows the legislative intent that it is mandatory to register an FIR if the information given to the police discloses the commission of a cognizable offence.” In view of the above, registration of FIR is mandatory u/s 154 Cr.P.C. The police officers cannot avoid their duty of registration of the offence. Hence petition is allowed and the respondents are ordered to register FIR on the basis of complaint submitted by the present petitioner and further directed to investigate the matter in fair and expeditious manner and file opinion of the investigation before the competent court. With this direction, this petition is disposed of.