Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 19CT Cases798/2023
MOHD CHAMAN Vs. SHANU AND OTHERS
(Dayal Pur)
01.09.2023
Lawyers are abstaining from work today.
Present: Complainant in person.
ATR filed.
Arguments heard on the application U/s 156 (3) Cr.PC. File perused. I
have perused the present complaint. After perusal of the complaint and the material
on record, the same discloses prima-facie commission of cognizable offence.
It has been held in Ramesh Kumari Vs. State 2006 (I) AD (CR) SC 505
that whenever any information discloses commission of cognizable offence, the FIR
has to be registered. It was further held that genuineness or credibility of information
is no condition precedent for registration of FIR.
SHO Police Station Dayalpur is directed to register an FIR under the
appropriate sections of law without being influenced by the Sections mentioned in the
complaint and take up the investigation. It is however, made clear that this order is no
direction to the SHO to immediately arrest the accused. The SHO/Investigating
Agency should first investigate the matter and find out whether actually any offence
have been committed or not. The Investigation Officer may arrest the accused only if
the circumstances so warrants. It is now the settled law that power to arrest is
different from justification to do so. Reference may be made to Court on its Motion
Vs. CBI Volume 109, DLT 2004, page 494. After completion of investigation, the SHO
to file final report or charge-sheet U/s 173 (2) of Cr.PC as per result of investigation.
Put up for filing of compliance report for 13.09.2023.
Aashish Gupta
ACMM/NE/KKD Courts
01.09.2023
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