Ishwar Lal vs State Of Rajasthan
2021 Latest Caselaw 16552 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5922/2021

Ishwar Lal S/o Moti Lal, Aged About 44 Years, Street No. 4, Devnagri Takariya, Sirohi, Rajasthan.

----Petitioner Versus

1. State of Rajasthan

2. The Director General Of Police, Police Range, Jaipur

3. The Inspector General Of Police, Sirohi

4. The Superintendent Of Police, Sirohi

----Respondents

For Petitioner(s) : Mr. Tanay Sharma For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

08/11/2021

Learned counsel for the petitioner submits that he does not

want to press the present misc. petition, however, seeks liberty to

approach the Inspector General of Police, Jodhpur by way of filing

a representation. Learned counsel for the petitioner relies upon

the judgment of Hon'ble the Supreme Court in the case of Lalita

Kumari Vs. Govt. of U.P. & Ors. in Writ Petition (Criminal)

No.68 of 2008 decided on 12.11.2013 wherein Hon'ble the

Supreme Court held as under:-

"Therefore, in view of various counter claims regarding registration or non-registration, what is necessary is only that the information given to the police must disclose the commission of a cognizable offence. In such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and

(2 of 2) [CRLMP-5922/2021]

perhaps the police can conduct a sort of preliminary verification or inquiry for the limited purpose of ascertaining as to whether a cognizable offence has been committed. But, if the information given clearly mentions the commission of a cognizable offence, there is no other option but to register an FIR forthwith. Other considerations are not relevant at the stage of registration of FIR, such as, whether the information is falsely given, whether the information is genuine, whether the information is credible etc. These are the issues that have to be verified during the investigation of the FIR. At the stage of registration of FIR, what is to be seen is merely whether the information given ex facie discloses the commission of a cognizable offence. If, after investigation, the information given is found to be false, there is always an option to prosecute the complainant for filing a false FIR."

In view of the above, the present misc. petition is dismissed

as not pressed. However, the petitioner is at liberty to file

representation before the Inspector General of Police, Jodhpur.

The Inspector General of Police, Jodhpur is directed to examine

the representation of the petitioner and appropriate action may be

taken strictly in accordance with law in the light of the judgment

of the Hon'ble Supreme Court.

(VINIT KUMAR MATHUR),J

118-Shahenshah/-

Powered by TCPDF (www.tcpdf.org)