Court holds that registration of an FIR is mandatory when allegations disclose a cognizable offence. Police refusal to register FIR and insist on preliminary inquiry is illegal. Petitioner directed to record fresh statement.
Directed local police to record further statement of petitioner and register FIR if it discloses cognizable offences.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 126 OF 2011
Sunita Khandu Datir ...Petitioner
V/s.
The Senior Police Inspector, Wadivarhe Police Station, Nasik, & Anr. ...Respondents
Mr. Tushar Sonawane for the Petitioner
Mr. D.P. Adsule, A.P.P., for the State.
CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 25TH JANUARY, 2011
P.C.:-
Considering the allegations in the petition and the case made out by the petitioner about forcible entry in the property belonging to the petitioner, in spite of the injunction order dated 10th December, 2010 passed by this Court in Writ Petition No. 9808 of 2010, the local police officer has merely registered N.C., instead of applying cognizable offence, such as criminal trespass and other provisions. Going by the statement at pages 53 an 54 of the paper book, we find force in the
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argument of the petitioner that the local police official has failed in his duty to register the F.I.R.
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insist for preliminary inquiry before registration of F.I.R. Even on the question as to in which situation, preliminary inquiry before registration of F.I.R. is warranted is no more res integra .
compliance.
A.R. JOSHI, J. A.M. KHANWILKAR, J.
1 issue framed by the court
Whether the local police officer was justified in registering a non-cognizable case instead of an FIR regarding allegations disclosing a cognizable offence.
Sunita Khandu Datir
The Senior Police Inspector, Wadivarhe Police Station, Nasik
A.M. Khanwilkar
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
