WP/26902/2006 of Smt. Mahaboob Mastana Begum , Muntaz Begum W/o M.a. Gaffor Vs The Superintendent of Police, on 27 December 2006

ORDER:

Petitioner No.2 lodged a complaint, dated 10.12.2006, withPenugonda Police Station alleging commission of a cognizable offenceby S.M. Saduddin and others. He alleged that the culprits along withtheir wives entered the coconut tope managed by him and removed thecoconuts. The complaint also alleges that the culprits threatened thecomplainant with foisting of a case under Scheduled Castes and theScheduled Tribes (Prevention of Atrocities) Act, 1989. The respondentsdid not register the complaint under Section 154(1) of the Code ofCriminal Procedure, 1973 (Cr.P.C.). Therefore, this writ petition is filedseeking a direction to the respondents to register the complaint as acognizable offence.

It is the duty of the officer-in-charge of a Police Station to registerthe commission of a cognizable offence. When the officer-in-charge ofthe Police Station fails to do so, remedy of the complainant is toapproach the unit head of the District, namely, the Superintendent ofPolice under Section 154(3) Cr.P.C., in which event it shall beincumbent on him to look into the complaint and take up theinvestigation by himself or direct the police officer concerned toinvestigate the crime. Though petitioner No.2 has marked a copy of thecomplaint given on 10.12.2006 to the Superintendent of Police, thesame in view of this Court is not sufficient compliance with Section154(3) CrPC. The petitioners are, therefore, given liberty to approachthe respondent No.1, namely, the Superintendent of Police and furnish acopy of the complaint dated 10.12.2006, whereupon respondent No.1shall take necessary action as indicated hereinabove.

The writ petition is accordingly disposed of. No costs.

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(V.V.S.RAO, J)

27[th] December, 2006Note: Issue CC in two days.B/oghn