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Madhya Pradesh High Court · body

2020 DIGILAW 1163 (MP)

Dinesh Singh Narwariya v. State of M. P.

2020-10-23

SHEEL NAGU

body2020
ORDER 1. Present petition u/s.482 Cr.P.C. invoking inherent powers of this court is filed by the petitioner/complainant praying for the following relief(s): “It is, therefore humbly prayed that the petition of petitioner kindly be allowed and may kindly be directed to respondent for making enquiry and investigation by a senior police officer in case Crime No.0015/2020 under sections 457, 380 of IPC registered by respondent.” 2. The grievance of the petitioner/complainant is that despite havng informed of commission of cognizable offence of house trespass and theft in dwelling house against 12 named accused in the written complaint dated 19.6.2020, FIR that was lodged vide Annexure P-1 at Police Station Pawai, District Bhind (M.P.) bearing Crime No.0015/2020 on 16.3.2020 alleging offences punishable u/ss.457, 380 IPC was merely against one unknown person. 3. After the State counsel sought instructions, he has produced the copy of the written complaint filed by the petitioner dated 14.3.2020 where the first information about the said offence was provided but noone was named as an accused and the allegation was against unknown person and, therefore, it is submitted by the State Counsel that the FIR lodged vide Annexure P-1 was against unknown person. 4. Learned counsel for the petitioner, however, disputes this position and states that despite having informed the names along with other details of the accused involved in the said cognizable offence, the police registered FIR against unknown person. In this regard, the petitioner has pressed into service written complaint dated 19.6.2020. 5. There is a dispute about the accused being named or not between the rival parties. 6. Be that as it may, this Court would not like to enter into the said controversy but would like to reiterate the law on the issue involved. 7. As and when information is received of commission of cognizable offence by the police, registration of an offence by way of FIR is mandatory u/s.154 Cr.P.C. If the information so provided names somebody as an accused then the FIR which is registered as a necessary consequence to the said information should also contain the name of accused. 8. 7. As and when information is received of commission of cognizable offence by the police, registration of an offence by way of FIR is mandatory u/s.154 Cr.P.C. If the information so provided names somebody as an accused then the FIR which is registered as a necessary consequence to the said information should also contain the name of accused. 8. In the instant case, assuming what the police states is true that the petitioner had not disclosed the names and details of the accused in his first information but even if the complainant provides the names and details of the accused subsequent to the registration of the offence, the police is duty bound to take cognizance of these names and details and treat this as material evidence during investigation to come to a conclusion that there is prima facie evidence/material against such named persons of having committed cognizable offence in question. If this conclusion is reached by the police during investigation, the police should immediately make the said described persons as accused and thereafter proceed to conclude the investigation. 9. The obligation cast on the police to register an FIR against persons named in the first information is mandatorily provided as per section 154 Cr.P.C.. However, the investigation which is triggered after the registration of FIR is to collect evidence/material to find out the veracity and genuineness of the first information. During this investigation, the police has to keep all the avenues open for receipt of evidence and material connected to the offence alleged. These avenues can be in shape of information provided by the complainant or even information provided by the accused or for that matter even any other person unconnected with the offence. If the information comes from the complainant or the accused, the police ought not to adopt a pedantic and hyper-technical approach of not accepting this additional evidence/material supplied by the complainant/accused. The police should remember that process of investigation is an arduous one which involves moving from the known to unknown, backwards in point of time, in search of truth. The ultimate object of investigation is to reach the truth for which the police should not leave any stone unturned. The police should remember that process of investigation is an arduous one which involves moving from the known to unknown, backwards in point of time, in search of truth. The ultimate object of investigation is to reach the truth for which the police should not leave any stone unturned. The evidence and material collected by the police in shape of prosecution story during investigation is required to be as close and proximate to the actual event/incident which took place giving rise to the offence in question. The police should remember that the diligence and honesty in conduction of investigation lays the foundation of the prosecution case before the trial Court. If the investigation is conducted diligently, honestly and without any element of prejudice or malice against anyone and with the ultimate object of pursuit of truth then the instances of real culprits being acquitted by taking advantage of shoddy investigation would be reduced to the minimum thereby reposing trust of the people at large in the criminal dispensation system. 10. In the instant case, it seems that the names which have been disclosed in the information subsequently given to the police after the registration of offence has not been given heed to. 11. Accordingly, the petitioner is directed to file copies of all such complaints filed subsequent to the registration of FIR in question before the Station House Officer of the concerned Police Station who shall take appropriate steps in accordance with law. 12. The Superintendent of Police, District Bhind (M.P.) is directed to ensure by way of his supervisory powers that the investigating officer follows the rule of law and conducts and concludes the investigation in question without any element of arbitrariness, malice and prejudice against anyone. 13. A copy of this order be sent to the Superintendent of Police, Bhind (M.P.) for compliance. 14. With the above, present petition stands disposed of