Station Farakpur, complaints to the Superintendent of Police, Yamuna Nagar and through the CM Window Portal, no FIR was registered nor any investigation conducted and the grievance was closed without proper inquiry; that the failure of the police officials (respondent Nos. 2 to 5) to register the FIR despite disclosure of a cognizable offence attracts Section 166-A IPC. In support of his contentions, learned counsel has placed reliance upon law laid down by Hon’ble Supreme Court of India in Lalita Kumari vs. Government of Uttar Pradesh & Ors. , AIR 2014 SC 187; that though the learned JMIC, after recording preliminary evidence, summoned accused Nos. 1 and 2, the police officials were not summoned on the ground that sanction under Section 197 Cr.P.C. was required and the revision preferred by the petitioner was also dismissed; that the courts below have erred in holding that sanction under Section 197 Cr.P.C. is mandatory, as the explanation to Section 197 Cr.P.C. clearly provides that no such sanction is required for offences under Section 166-A IPC; that the courts below failed to consider the documentary material on record including the complaint dated 26.08.2022, ATR report and Kalandra proceedings, which indicate deliberate inaction on the part of the police officials. Hence, prayer has been made for setting aside the impugned orders to the extent of non-summoning of Respondent Nos. 2 to 5.
