ORDER 1. Petitioner has filed this petition alleging inaction on the part of the respondents/authorities in not registering FIR against respondent No.6 who according to the petitioner has obtained employment on the basis of forged and fabricated mark-sheet. According to the petitioner, he was also an employee of respondent No.4-Municipal Corporation, Gwalior, and is aware of the fact that respondent No.6 though not qualified for appointment, had obtained appointment using forged and fabricated mark-sheet. 2. Learned counsel for respondent No.6 has submitted that petitioner has no locus standi to lodge a complaint with the police inasmuch as no cognizable offence has taken place in relation to the petitioner and further no right of the petitioner is being infringed less than any fundamental right as has been canvassed by the petitioner. It is also submitted that petitioner is an ex-employee of the Municipal Corporation and is having some grudge against respondent No.6. On the basis of the said personal grudge, he is pursuing the case for registration of FIR whereas respondent No.6 was granted compassionate appointment in the year 1995, and after lapse of more than 21 years no case is maintainable. It is also submitted that respondent No.6 has been regularized vide order dated 24.6.1999. It is also submitted that respondent No.6 was granted compassionate appointment and he had not submitted any mark-sheet at the relevant point of time nor any qualification was canvassed by him, therefore, there is no question of any forgery or misrepresentation as far as respondent No.6 is concerned. Learned counsel therefore, prayed for dismissal of the writ petition. 3. Learned counsel for the petitioner has relied on the judgment of the Supreme Court in the case of N. Natarajan v. B.K.Subba Rao [2003 SCC (Cri) 437], wherein it is held that in ordinary crime not adverted to under section 195 CrPC, law can be set into motion by any citizen of this country. Learned counsel for the petitioner has also relied to the judgment in the case of Lalita Kumari v. Government of Uttar Pradesh and others [ (2014)2 SCC 1 ]. He has drawn the attention of the Court to para 120.1 wherein it is mentioned that registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. 4.
He has drawn the attention of the Court to para 120.1 wherein it is mentioned that registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. 4. Subject matter of the complaint is of the year 1995, petitioner was an employee of the same employer and no explanation has been given for delay in filing the complaint, nonetheless when petitioner has filed copy of communication from District Education Officer, Gwalior, to the Additional Commissioner, Municipal Corporation, Gwalior, in which certain discrepancies have been pointed out and the petitioner feels that respondent No.6 was given employment on the basis of some incorrect information merely on the basis of surmise and direction to the police to register an FIR may prejudice the interest of respondent No.6 as the case of the petitioner is not directly covered by para 120.1 of the judgment of Lalita Kumari (supra), but call for a preliminary enquiry by the police to ascertain whether any cognizable offence is disclosed or not, respondent No.3 is directed to conduct preliminary investigation into the complaint contained in Annexure P-5 and if the investigation discloses commission of a cognizable offence, then they must register an FIR or otherwise close the complaint supplying copy to the petitioner along with reasons in brief for closing the complaint and not proceeding further. These steps may be taken by respondent No.3 within a period of 30 days from today. 5. With these directions, petition is disposed of. T.C. Bansal for petitioner; N.K. Gupta with Ravi Gupta for responden No.6