Ganesh Ram v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 208 of 2019
1. Sukhnandan Sahu S/o Shri Deendayal Sahu, Aged About 28 Years, R/o Village Thakurtola, Post and Police Station Somni, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
1. State of Chhattisgarh Through The Secretary, Department of Home Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur),
2. Superintendent of Police, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh
3. Police Station Somni, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh WPCR No. 233 of 2019
1. Videshi Ram Sahu S/o Shri Hira Lal Sahu, Aged About 49 Years, R/o Village and Post- Khorpa, P.S.- Abhanpur, District- Raipur, Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur),
2. Superintendent of Police District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
3. Station House Officer, P.S. Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh WPCR No. 236 of 2019
1. Maheshwar Dewangan S/o Shri Ramkumar Dewangan, Aged About 28 Years, R/o Village - Deortarai, Post - Balod, Police Station Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh
2. Superintendent of Police, District Balod, Chhattisgarh., District : Balod,
3. Station House Officer, Police Station Balod, District Balod, Chhattisgarh., District : Balod, Chhattisgarh WPCR No. 239 of 2019
-2- • Smt.Durga Dewangan W/o Shri Hemant Dewangan, Aged About 42 Years, R/o Village Mohadipath Post Khursuni (Gundardehi), Police Station Arjunda, District Balod Chhattisgarh., District : Balod,
2. Superintendent of Police, District Balod Chhattisgarh., District : Balod,
3. Station House Officer, Police Station Arjunda, District Balod, Chhattisgarh., District : Balod, Chhattisgarh WPCR No. 284 of 2019
1. Lekh Ram Patel S/o Late Shri Gopal Prasad Patel, Aged About 49 Years, R/o At-SF-505, CSEB Colony (East), Kosabadi, Ward No.19, District Korba Chhattisgarh., District : Korba, Chhattisgarh
2. Superintendent of Police District Korba, Chhattisgarh., District : Korba,
3. Police Station Rampur, District Korba, Chhattisgarh. Through Station House Officer., District : Korba, Chhattisgarh WPCR No. 288 of 2019
1. Birendra Patel S/o Shri Devprasad Patel, Aged About 33 Years, R/o House No.114, Patelpali, Police Station Jurmil Chouki Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya Atal Nagar (New Raigarh) Chhattisgarh.
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Jurmil Chouki Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh WPCR No. 289 of 2019
1. Bhupendra Kumar Patel S/o Shri Devlal Patel, Aged About 32 Years, R/o Village - Chaple, New Hospital Chowk, Post Robertson, Tahsil and Police Station Kharsiya, District - Raigarh, Chhattisgarh., District :
-32. Superintendent of Police, District - Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station - Kharsiya, District - Raigarh WPCR No. 290 of 2019
1. Jitendra Kumar Khandait S/o Shri LunduruRam Khandait, Aged About 42 Years, R/o Janjgir (Koltapara), Post Amagaon, Tahsil and Police Station Raigarh, Tahsil Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
2. Superintendent of Police, District Raigarh, Chhattisgarh., District :
3. Station House Officer, Police Station Tamnar, District Raigarh WPCR No. 291 of 2019
1. Harsh Mandar Chouhan S/o Shri Karmaha Chouhan, Aged About 28 Years, R/o Village Lamidhara, Post Boirdadar, P.S.- Charkaradharnagar (Raigarh), District- Raigarh, Chhattisgarh., District : Raigarh, Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar, (New Raigarh)
2. Superintendent of Police, District- Raigarh, Chhattisgarh., District :
3. Station House Officer, P.S. Charkaradharnagar (Raigarh), DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh WPCR No. 292 of 2019
1. Jitendra Kumar Khandait S/o Shri LunduruRam Khandait, Aged About 42 Years, R/o Janjgir (Koltapara), Post - Amagaon, Tahsil and Police Station Tamnar, Tahsil Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
-42. Superintendent of Police, District Raigarh, Chhattisgarh., District :
3. Station House Officer, Police Station Tamnar, District Raigarh WPCR No. 301 of 2019
1. Niranjan Lal Dansena S/o Shri Mahesh Ram Dansena, Aged About 43 Years, R/o Village Amapali, Post Sondka, Tahsil and Police Station Kharsiya, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raigarh)
2. Superintendent of Police, District Raigarh, Chhattisgarh, District :
3. Station House Officer, Police Station Kharsiya, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh WPCR No. 303 of 2019
1. Jyoti Singh D/o Late Shri Khageshwar Singh Sidar, Aged About 24 Years, R/o Village Limgaon, Post Charauda, Tahsil and Police Station Malkharouda, District Janjgir Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh
2. Superintendent of Police, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
3. Station House Officer, Police Station Malkharouda, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh WPCR No. 305 of 2019
1. Prourh Kumar Patail S/o Shri Bhagat Ram Patail, Aged About 45 Years, R/o Village Gidha, Post Bhaina Para, Tahsil and Police Station Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh
-52. Superintendent of Police, District - Raigarh, Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 306 of 2019
1. Hiralal Patail S/o Shri Suklal Patail, Aged About 31 Years, R/o Village Chaple, Bayang Chowk, Post Robertson, Tahsil and Police Station Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya Atal Nagar (New Raipur)
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 307 of 2019
1. Dadu Ram Dansena S/o Shri Koushal Prasad Dansena, Aged About 45 Years, R/o Village Gidha, Post Bhainapara, Tahsil and Police Station Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh,
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 308 of 2019
1. Minketan Kumar Patail S/o Shri Ramgovind Patail, Aged About 32 Years, R/o Village Chaple, Post Robertson, Tahsil and P.S. Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
-62. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer P.S. Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh WPCR No. 309 of 2019
1. Prourh Kumar Patail S/o Shri Bhagat Ram Patail, Aged About 45 Years, R/o Village - Gidha, Post - Bhaina Para, Tahsil and Police Station Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 310 of 2019
1. Mahendra Kumar Dilawar S/o Shri Darash Ram Dialawar, Aged About 39 Years, R/o Village Parsi, Post Sarakela, Tahsil and Police Station Malkharoda, District Jangir Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh Affairs, Indrawati Bhavan, New Mantralaya, Atal Nagar (New Raipur) Chhattigarh., District : Raipur, Chhattisgarh
2. Superintendent of Police District Janjngir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
3. Station House Officer, Police Station Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh WPCR No. 311 of 2019
1. Padmalochan Patail S/o Shri Mohit Ram Patail, Aged About 40 Years, R/o Village Chaple New Hospital Chowk, Post Robertson Tahsil and Police Station Kharsiya, District Raigarh, Chhattisgarh., District :
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
-73. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 312 of 2019
1. Chetan Kumar Patail S/o Shri Bhagat Ram Patail, Aged About 42 Years, R/o Village Gidha, Post Bhaina Para, Tahsil and Police Station Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh,
2. Superintendent of Police, District - Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 313 of 2019
1. Makardhwaj Yadav S/o Shri Raghunath Yadav, Aged About 44 Years, R/o Village and Post Anjorpali, Tahsil and P.S. Kharsiya, DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur),
2. Superintedent of Police, District- Raigarh, Chhattisgarh., District :
3. Station House Officer, P.S. Kharsiya, Disrtict- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh WPCR No. 314 of 2019
1. Suroti Lal Patail S/o Shri DilasyPatail, Aged About 38 Years, R/o Village Gidha, Post Bhaina, Para, Tahsil and Police Station Kharsiya, District Raigarh. Chhattisgarh., District : Raigarh, Chhattisgarh
2. Superintendent of Police, District Raigarh, Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya District Raigarh
-8WPCR No. 315 of 2019
1. Anand Ram Patel S/o Shri Jagatraam Patel, Aged About 48 Years, R/o Village Ranisagar, Post Mouhapali, Tahsil and Police Station - Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raigarh) Chhattisgarh.
2. Superintendent of Police, District - Raigarh, Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District - Raigarh, WPCR No. 317 of 2019
1. Dharnidhar Patel S/o Shri Raghuwar Patel, Aged About 45 Years, R/o Village Regada, Post Sambalpuri, P.S.- Charkardharnagar, Raigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raigarh) Chhattisgarh.
2. Superintendent of Police, District- Raigarh, Chhattisgarh., District :
3. Station House Officer, P.S. Charkardharnagar (Raigarh), DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh WPCR No. 318 of 2019
1. Vedprakash Patail S/o Shri Hemlal Patail, Aged About 41 Years, R/o Village- Chaple, Post Robertson, Tahsil and P.S. Kharsiya, DistrictRaigarh, Chhattisgarh, District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur), Chhattisgarh, District : Raipur, Chhattisgarh
2. Superintendent of Police, District- Raigarh Chhattisgarh, District :
3. Station House Officer, P.S. Kharsiya, District- Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh WPCR No. 319 of 2019
1. Dashoda Yadav D/o ShriSant Ram Yadav, Aged About 33 Years, R/o Village and Post Kunkuni, Tahsil and P.S. Kharsiya, District- Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh
-9Affiairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur), Chhattisgarh, District : Raipur, Chhattisgarh
2. Superintendent of Police, District- Raigarh, Chhattisgarh, District :
3. Station House Officer, P.S. Kharsiya, District- Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh WPCR No. 320 of 2019
1. Suroti Lal Patail S/o Shri Bhagat Ram Patail, Aged About 45 Years, R/o Village Gidha, Post - Bhaina Para, Tahsil and Police Station Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh
2. Superintendent of Police, District Raigarh, Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 321 of 2019
1. Ushatram Patail S/o Shri Lekhram Patail, Aged About 30 Years, R/o Village Khairpali, Post Sondaka, Tahsil and P.S. Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, P.S. Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh WPCR No. 322 of 2019
1. Dilip Kumar Sahu S/o Shri Gowardhan Sahu, Aged About 39 Years, R/o Village and Post - Dhurkot, Tahsil and P.S. Dabhra, District- JanjgirChampa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
-10Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur), Chhattisgarh, District : Raipur, Chhattisgarh
2. Superintendent of Police, District- Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
3. Station House Officer, P.S. Dabhra, District- Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh WPCR No. 323 of 2019
1. Sitambar Dansena S/o Shri Ramcharan Dansena, Aged About 52 Years, R/o Village and Post Kunkuni, Tahsil and Police Station Kharsiya, Districit Raigarh, Chhattisgarh., District : Raigarh,
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 324 of 2019
1. Pinky Sidar D/o Shri Gopal Prasad Sidar, Aged About 30 Years, R/o Village Kalmipath, Post Tiur, Tahsil and Police Station Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharisya, District Raigarh WPCR No. 325 of 2019
1. Chhatrapal Singh Patail S/o Shri Devprasad Patail, Aged About 58 Years, R/o Village-Chaple, Post- Robertson, Tahsil and P.S. Kharsiya, District- Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur), Chhattisgarh, District : Raipur, Chhattisgarh
2. Superintendent of Police, District- Raigarh, Chhattisgarh, District :
-113. Station House Officer, P.S. Kharsiya, District- Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh WPCR No. 326 of 2019
1. Makhan Lal Patail S/o Shri Tarachand Patail, Aged About 49 Years, R/o Village Chaple, Post Robertson, Tahsil and Police Station Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
2. Superintentdent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 329 of 2019
1. Hemant Kumar Patail S/o Shri Bhagat Ram Patail, Aged About 38 Years, R/o Village Gidha, Post Bhaina Para, Tahsil and Police Station Kharsiya, District - Raigarh, Chhattisgarh., District : Raigarh,
2. Superintendent of Police, District - Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh WPCR No. 330 of 2019
1. Devendra Kumar Malakar S/o Shri Janak Ram Patail, Aged About 31 Years, R/o Village Bade Dumarpali, Station Muhalla, Post Pamgarh, Tahsil and Police Station Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh
1. State of Chhattisgarh, Through The Secretary, Department of Home, Affairs, Indravati Bhavan, New Mantralya, Atal Nagar (New Raipur)
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Kharsiya, District Raigarh
-12WPCR No. 332 of 2019
1. Sukhmani Das Mahant S/o Shri Hori Das Mahant, Aged About 36 Years, R/o Village- Gidha, Post- Bainapara, Tahsil and Police StationKharsiya, District- Raigarh, Chhattisgarh., District : Raigarh, Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur),
2. Superintendent of Police, District- Raigarh, Chhattisgarh., District :
3. Station House Officer, Police Station- Kharsiya, District- Raigarh, WPCR No. 335 of 2019
1. Deepika Barwa D/o Shri Andherius Barwa, Aged About 28 Years, R/o Village Chaple, Post Robertson, Tahsil and P. S. Kharsiya, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Superintendent of Police, District Raigarh Chhattisgarh, District :
3. Station House Officer P.S. Kharsiya, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh WPCR No. 350 of 2019
1. Ganesh Ram S/o Shri Bise Ram, Aged About 64 Years, R/o Village Sirsakhurd, Ward No. 12, Jevra Sirsa, Police Station Pulgaon, District Durg Chhattisgarh., District : Durg, Chhattisgarh
2. Superintendent of Police, District Durg Chhattisgarh., District : Durg,
3. Station House Officer, Police Station Pulgaon, District Durg Chhattisgarh., District : Durg, Chhattisgarh
-13WPCR No. 359 of 2019
1. Mahendra Kumar Patel S/o Shri Shyamlal Patel, Aged About 49 Years, R/o House No. 351, Ward No. 21, Beladula, Kharraghaat Police Station Chakradhar Nagar, District Raigarh, Chhattisgarh., District : Raigarh,
2. Superintendent of Police, District Raigarh Chhattisgarh., District :
3. Station House Officer, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh WPCR No. 395 of 2019
1. Premlal Dewangan S/o Late Shri Latel ram Dewangan Nishad, Aged About 72 Years, R/o Village Tulsipur, Post Tusda, P.S.- Kotwali, DistrictRajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh Affairs, Indravati Bhavan, New Mantralaya, Atal Nagar (New Raipur),
2. Superintendent of Police, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh
3. Station House Officer, P.S. Kotwali, District- Rajnandgaon, Chhattisgah., District : Rajnandgaon, Chhattisgarh For Petitioners - Shri Devershi Thakur, Advocate. For State - Shri Devendra Pratap Singh, Deputy Advocate General. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 02-07-2019 1.
These writ petitions have been brought under Article 226 of the Constitution of India praying for issuance of appropriate writ. 2.
It is submitted by learned counsel for the petitioner in all the cases that being induced by the Core Committee members and others of Chit Fund Companies, Sai Prasad Group, Sai Prakash Group, ANMOL Group, Arogya Dhan Varsha (ADV) Company and BPN/Sunshine Company the petitioners made investments in different schemes which were never refunded to them.
-14The petitioners in all the cases have made several complaints, but, no action had been taken in them by the respondents authorities and FIR has not been lodged in any of the complaint filed by these petitioners. Therefore, it is prayed that in view of judgment of Hon'ble the Supreme Court in the matter of Lalita Kumari Vs. Government of Uttar Pradesh & Others, (2014) 2 SCC 1, the petitions may be allowed and suitable directions may be issued. Reliance has been placed on the order dated 19-04-2018 passed by this Court in the matter of Gyarasi Modi Vs. State of Chhattisgarh and others in W.P.(Cr.) No.237 of 2018. Reliance has also been placed on the order dated 26-08-2016 passed by this Court in the matter of Bhushan Singh Rathiya Vs. State of Chhattisgarh and others in Writ Petition (Cr.) No.9 of 2016 and other orders which have been passed by this Court.
It is also submitted that there is no provision in Cr.P.C. where an investigation agency must provide a hearing to the affected party before registering FIR. In this regard reliance has been placed on the order passed by Hon'ble the Supreme Court in the matter of Samaj Parivartan Samudaya and others v. State of Karnataka and others, (2012) 7 SCC 407. 3.
Learned counsel for State respondents submits that numerous similar complaints have been registered in FIRs in various police stations of the State which have been investigated, therefore, there is no need for registering fresh FIRs. The petitioners in these cases can join as aggrieved person in those cases which are being investigated.
4.
Heard learned counsel for the parties and perused the documents. 5.
On perusal of copy of the complaints filed by the petitioners in these petitions which have been addressed to the SHO and other officials of the different police stations, it appears that there is material in the complaints made by the petitioners in all the cases, which needs investigation. Hon'ble the Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh & Others
-15- (supra) it has held that:- "120. In view of the aforesaid discussion, we hold: 120.1. The 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. 120.2. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
120.3. If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
120.4. The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
120.5. The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
120.6. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/ family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.
120.7. While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time-bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry. 120.8. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above."
6.
Therefore, the view is very clearly stated that the police official has bounden duty to lodge FIR if the complaint discloses commission of cognizable offence.
-16It is held that the complaint filed by all the petitioners has some substance which needs investigation. The respondents are directed that complaints filed by the petitioners before respective police stations be investigated in accordance with law laid down by Hon'ble the Supreme Court in the matter of Lalita Kumari Vs. Government of Uttar Pradesh and others (supra). All these petitions are disposed off with the direction abovementioned. Sd/- (Rajendra Chandra Singh Samant) Judge Aadil