Pooja W/O Sh. Gopalram vs State Of Rajasthan
2022 Latest Caselaw 1297 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 1190/2022

Pooja W/o Sh. Gopalram, R/o Village Tigariya, Tehsil Chomu
District Jaipur At Present R/o 49, Jagdamba Nagar Colony, Benad
Road, Jhotwara, Jaipur (Raj).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Additional Director General Of Police (Crime), Police
       Headquarter, Lal Kothi, Tonk Road, Jaipur.
3.     Commissioner, Police Commissionerate, Jaipur Metro.
4.     Deputy Commissioner Of Police, Jaipur West, Bani Park,
       Jaipur.
5.     S.h.o Police Station, Chomu, District Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Asgar Khan through VC For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/02/2022

By way of filing the instant miscellaneous petition, grief is shown by the petitioner, who happens to be the complainant of this case, that for the offence committed upon her, she moved a complaint to the Station House Officer, Police Station Chomu, Distt. Jaipur West way back on 02.04.2021 but despite the complaint disclosing commission of a cognizable offence, no FIR has been registered rather the investigating agency has opted to conduct an enquiry which is contrary to the judgment passed by Hon'ble the Supreme Court in the case of Lalita Kumari v. Govt. of Uttar Pradesh & Ors.; Criminal Writ Petition No. 68/2008 decided on 12.11.2013.

(2 of 2) [CRLMP-1190/2022]

Heard learned counsel for the petitioner and learned Public Prosecutor.

Whenever a report is submitted to the SHO of a Police Station, disclosing commission of a cognizable offence, then by virtue of Section 154 Cr.P.C., it is imperative upon the SHO to lodge an FIR and to conduct the investigation in the matter.

There is no provision in the Cr.P.C. to keep the report as a complaint in a case disclosing commission of a cognizable offence. Keeping pending the enquiry in the complaint disclosing cognizable offence for an indefinite period is not only contrary to the judgment passed by Hon'ble the Supreme Court but against the mandate of Section 154 of Cr.P.C.

In this view of the matter, the petitioner is directed to submit a representation to the Deputy Commissioner of Police, Jaipur (West) within 10 days from today averring therein all the grievances.

In the event such a representation is submitted, the concerned DCP, Jaipur (West) is directed to look into the matter personally and then issue necessary directions to the SHO concerned. Needful shall be done by the DCP, Jaipur (West) within next 15 days.

Accordingly, the instant miscellaneous petition is disposed of in the above terms. However, liberty is given to the complainant- petitioner to approach this Court again, if grievance persists.

The stay application also stands disposed of.

(FARJAND ALI),J

SAHIL SONI /15

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