Parbat Singh vs State Of Rajasthan
2022 Latest Caselaw 13399 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7552/2022 Parbat Singh S/o Sh. Arjun Singh, Aged About 32 Years, R/o Vill. Joyla Tehsil Shivganj Dist. Sirohi Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Director General Of Police, P.h.q. Jaipur Raj.

3. I.g., I.g. Range Jodhpur

4. Superintendent Of Police, Sirohi Raj.

----Respondents

For Petitioner(s) : Mr. Kaushal Gautam For Respondent(s) : Mr. Laxman Solanki, PP Mr. Govind Suthar

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/11/2022

Learned counsel for the petitioner submits that a bare

perusal of the FIR reveals commission of cognizable offence and it

is imperative upon the Station House Officer to register the FIR.

Learned counsel for the petitioner relies upon the judgment of the

Hon'ble Supreme Court in the case of Lalita Kumari Vs. Govt. of

U.P. & Ors. decided on 12.11.2013 where 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 perhaps the police can conduct a sort of preliminary verification or inquiry for the limited

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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 the facts and circumstances of the case, petitioner is

directed to submit a representation before the Superintendent of

Police, Sirohi who shall immediately instruct the concerned SHO

to do the needful strictly in accordance with law.

(FARJAND ALI),J 80-amit/-

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