By Sc Notice To Maharashtra Govt In Slp Against Hc Order
New Delhi [India], September 6 (ANI): Supreme Court on Monday issued notice to the Maharashtra government and Superintendent of Police (SP) Latur, after hearing a Special Leave Petition (SLP) filed against the order of the State High Court that had accepted the preliminary inquiry conducted by the state police and refused to direct registration of the FIR.
The petition was filed by Ajay Kumar Babruvan Makane, through his lawyer, Vishal Tiwari, before the Supreme Court and was heard by a two-judge bench, headed by Justice Indira Banerjee and comprising Justice J K Maheshwari.
The matter pertains to concerned local police authorities not lodging complaint pertaining to the offence of alleged criminal trespass and assault despite the petitioner approaching them, Tiwari said in the SLP.
The Bombay High Court had earlier in its order accepted the preliminary inquiry conducted by the state police and refused to direct registration of the FIR.
The order was challenged by the petitioner.
Tiwari said the Supreme Court in the case of Lalita Kumari against the Government of Uttar Pradesh and others in the Constitution bench case had made it clear that "registration of FIR is mandatory under Section 154 of the Criminal Procedure Code (CrPC) if the information discloses of a cognizable offence".
"The Police Officer cannot avoid his duty of registering the offence if the cognizable offence is disclosed. Action must be taken against the erring officials, who do not register the First Information Report (FIR) (when complaint) received discloses a cognizable offence," Tiwari said.
The question of law involved in the SLP (criminal) was that the police is empowered to conduct a preliminary enquiry prior to registration of the FIR, Tiwari said
The Supreme court after hearing the submissions made by the lawyer issued notice to the state police and also directed that the police shall take necessary steps for the physical safety of the petitioner. (ANI)