2006 (2) TMI 714

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.... It is stated that the Appellant was in possession of the land. The stay order was granted by the High Court protecting the possession of the Appellant on 14-8-1997 and it was extended by another order dated 10-9-1997, in the presence of the other side. However, the Respondent Nos. 4 to 9 broke open the lock and removed various articles on 9-9-1997 and 10-9-1997. We make it clear that we are not entering into the merits of the case. The grievance of the Appellant is that an information of a cognizable offence has been filed by the Appellant before the Station House Officer (SHO), Kapashera on 9-9-1997 and 13-9- 1997. However, no case was registered by the concerned SHO. Thereafter, the matter was brought to the notice of the Police Commissi....

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....condition precedent for registration of a case. We are also clearly of the view that the High Court erred in law in dismissing the petition solely on the ground that the contempt petition was pending and the Appellant had an alternative remedy. The ground of alternative remedy nor pending of the contempt petition would be no substitute in law not to register a case when a citizen makes a complaint of a cognizance offence against the Police Officer. 3. That the Police Officer mandatorily registers a case on a complaint of a cognizable offence by the citizen under Section 154 of the Code are no more res integra. The point of law has been set at rest by this Court in the case of State of Haryana and Ors. v. Bhajan Lal and Ors. 1992 Supp (1) S....

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....he information in writing and by post to the Superintendent of Police concerned who if satisfied that the information forwarded to him discloses a cognizable offence, should either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by Sub-section (3) of Section 154 of the Code. 32. Be it noted that in Section 154(1) of the Code, the legislature in its collective wisdom has carefully and cautiously used the expression "information" without qualifying the same as in Section 41(1)(a) or (g) of the Code wherein the expressions, "reasonable complaint" and "credible information" are used. Evidently, the non-qualification of the word &qu....

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.... of all the Codes makes it clear that the condition; which is since qua non for recording a first information report is that there must be an information and that information must disclose a cognizable offence. Finally, this Court in para 33 said: 33. It is, therefore, manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station satisfying the requirements of Section 154(1) of the Code, the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information. 4. The views expressed by this Court in paragraphs 31, 32 and 33 as quoted above leave no manners of doubt that t....