AI Structured Summary
Not yet generated for this judgment
Judgment
Heard.
Learned counsel for the petitioner would submit that over a free fight on 29.12.2021 the petitioner was also assaulted whereby he suffered fracture. He would further submit that on the report of the complainant FIR was lodged vide Annexure P-2, however, the petitioner, who also suffered a fracture made a report (Annexure P-1) and cognizable offence has been reported, the FIR has not been registered.
Perusal of Annexure P-1 would show that the cognizable offence has been reported. Irrespective of the fact that what would be the out come of the enquiry, when the cognizable offence is reported, then the police is required to register FIR in veiw of the law laid down by the Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others {(2014) 2 SCC 1}. Consequently, the police is directed to register the FIR pursuant to the report Annexure P-1 which was given to the office of the Superintendent of Police on 30.12.2021.
It is made clear that this Court has not made any observation on the merits of the case i.e. about the commission of offence, which would be completely within the domain of the police to enquire, meaning thereby direction for mere registration of the FIR would not draw an inference that the offence is committed.
With the aforesaid observation, the writ petition stands disposed of.