Mohindro Vs. State Of Punjab And Others On 04 January, 2001

Open iDraf

Mohindro v. State Of Punjab And Others

Mohindro
v.
State Of Punjab And Others

(Supreme Court Of India)

Criminal Appeal No.18 of 2001 (arising out of S.L.P. (Cri.) No. 3142 of 2000) | 04-01-2001

The grievance of the appellant is that though she has approached the authority for registering a case against the alleged accused persons but the police never registered a case and never put the law in motion, and therefore, having failed in an attempt in the High Court to get a case registered she has approached this Court. Pursuant to the notice issued the respondents have entered appearance. Though the learned appearing for the State of Punjab stated that there had been an enquiry, we fail to understand as to how there can be an equiry without registering a criminal case. On the facts alleged, it transpires that the appellant approached the police for registering a case and get the allegation investigated into and yet for no reasons whatsoever the police failed to register the case. In the aforesaid premises, we allow this appeal and direct that a case be registered on the basis of the report to be lodged by the appellant at the Police Station within a week from today and thereafter the matter will be duly investigated into and appropriate action be taken accordingly.

The appeal is disposed of accordingly.

Advocates List

For the Appearing Parties -----

Bench List

HON'BLE MR. JUSTICE B. N. AGARWAL

HON'BLE MR. JUSTICE G. B. PATTANAIK

Eq Citation

AIR 2001 SC 2113

(2001) 9 SCC 581

2001 CRILJ 2587

2001 (2) ALD (CRL) 246

LQ/SC/2001/40

HeadNote

Criminal Procedure Code, 1973 — Ss. 154, 156(3) & 173 — FIR — Failure to register — Held, cannot be justified — Police must register FIR on basis of report to be lodged by complainant — Investigation to be duly carried out — Penal Code, 1860, Ss. 166-A and 186