Sukhdev Singh vs State

K.K. Srivastava, J.

The petitioner prays for registration of FIR in respect of an occurerence dated 21.7.1997 wherein one D.K. Chopra, Manager, Freignt Carriers of India, Jalandhar allegedly dispossessed the petitioner and took forcible possession of the disputed property. Prior to this, D.K. Chopra, has lodged FIR against the petitioner at P.S. Division No. 1, Jalandhar, copy Annexure P1, under Sections 457/380 IPC. He had also filed a civil suit claiming the relief of permanent injunction against the petitioner wherein adinterim order of injunction was passed by the Court. The grievance of the petitioner is that D.K. Chopra aforesaid under the garb of the FIR, copy Annxure P1, and adinterim order of injunction could not take law in his own hands and forcible possession of the disputed shop. The petitioner reported the matter to the local police. The reply filed by the respondents shows that the FIR lodged by D.K. Chopra was investigated as also the allegations made by the petitioner. The relevant reply is in para 4, which reads as under :

"That para No. 4 of the writ petition is replied in the manner that FIR No. 54/97 dated 21.3.1997 was duly investigated during the course of investigation. Sukhdev Singh was joined in the investigation. But he pleaded his innocence in this case. He also revealed that at the time of the occurrence, he was under treatment in Janta Hospital, Jalandhar. Doctor Amarjit Singh, Janta Hospital also confirmed this view. His statement under Section 161 Cr.P.C. was also recorded. Some other persons were also joined in the investigation. Since no solid clue could be found the case was given up as untraced on 7.2.1998. It is also pertinent to mention here that on 24.7.1997 a telephonic message was received in the Police Station to the effect that some people want to take forcible possession of a shop known as Dashmesh Factory (in which Cricket Bats are manufactured) at Leader Chowk, Jalandhar for which a D.D.R. entry was made in the Daily Diary Register vide No. 22 dated 24.7.97 and thereafter S.I. Lakhbir Singh, Addl. S.H.O. PS Station Division No. 1, Jalandhar went to the spot, but nothing was found there for which an entry was made on return to the Police Station vide DDR No. 22 is attached as Annexure R1 and DDR and DDR No. 28 is attached as Annexure R2. As such the allegation of the petitioner that Sh. D.K. Chopra, gained unlawful possession of the suit property by means of force on 24.7.1997 are also false."

Respondents under garb of enquiry into the allegations made by the petitioner have investigated the matter and found the version of the petitioner as false. Once the complaint of the petitioner disclosed commission of a cognizable offence, the proper course according to law as provided by Section 154 (1) Cr.P.C. is to register the FIR and then investigate the same and the viceversa could not be resorted to legally. That is to say that the investigation was undertaken prior to the lodging of the FIR. That being so, this petition has considerable merit and is allowed and direction is issued to the respondents particularly respondent No. 3 the Incharge of Police Station Industrial Area, District Jalandhar to register FIR on the basis of the complaint of the petitioner, a copy of which may be produced by the petitioner before him and register FIR according to law and take followup action as per law. Directions be carried out expeditiously but not later than two weeks from the date of communication of this order.

Disposed of accordingly.