Jagjeewan v. State Of Delhi & Others

Arijit Pasayat, CJ.

1. Main grievance of the petitioner in the writ petition is that notwithstanding the information about commission of cognizable offences, no action has been taken by the concerned police officials.

2. The course to be adopted, if the position is as stated by the petitioner, is not filing an application under Article 226 of the Constitution of India, 1950 (in short the Constitution). The Code of Criminal Procedure, 1973 (for short the Code) prescribes the procedure to investigate into the cognizable offences defined under the Code. In respect of cognizable offence, Chapter XII of the Code prescribes the procedure; information to the police and their powers to investigate the cognizable offence. Sub-section (1) of Section 154 envisages that :

Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

On such information being received and reduced to writing, the officer in charge of the police station has been empowered under Section 156 to investigate into the cognizable cases. The procedure for investigation has been given under Section 157 of the Code, the details of which are not material. After conducting the investigation prescribed in the manner envisaged in Chapter XII, charge-sheet shall be submitted to the Court having jurisdiction to take cognizance of the offence. Section 173 envisages that :

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government giving details therein. Upon receipt of the report, the Court under Section 190 is empowered to take cognizance of the offence. Under Section 173(8), the Investigating Officer has power to make further investigation into the offence.

When the information is laid with the police but no action in that behalf is taken, the complainant is given power under Section 190 read with Section 200 of the Code to lay the complaint before the Magistrate having jurisdiction to take cognizance of the offence and the Magistrate is required to enquire into the complaint as provided in Chapter XV of the Code. In case the Magistrate after recording evidence finds a prima facie case, instead of issuing process to the accused, he is empowered to direct the police concerned to investigate into the offense under Chapter XII of the Code and to submit a report. If he finds that the complaint does not disclose any offence to take further action, he is empowered to dismiss the complaint under Section 203 of the Code. In case he finds that the complaint/evidence recorded prima facie discloses an offence, he is empowered to take cognizance of the offence and would issue process to the accused.

3. The above position in law was highlighted by the Apex Court in All India Institute of Medical Sciences Employees Union (Regd.) through its President v. Union of India and Others, 1997 SCC (Cri.) 303.

4. In that view of the matter, we do not entertain the petition. However dismissal of the petition will not preclude the petitioner from following the procedures as indicated and deemed appropriate.