IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.42 of 2008 SAFIQUL RAHMAN Versus STATE OF BIHAR & ORS ----------- For the Petitioner: - M. Nasrul Huda Khan, Advocate For the State : - Chandan Kumar Verma, J.C. to A.A.G.-8. -------------- 02/ 04-12-2008 In the instant writ application petitioner is the informant of Bisfi P.S. Case No. 122 of 2007 dated 8.9.2007 arising out of Complaint Case No. 941 of 2007 under Sections 147, 148, 452, 504, 323, 324, 341, 380 and 307 of the Indian Penal Code. The grievance of the petitioner is that when the Complaint was forwarded to the Police for registration of the F.I.R. the same was registered only under Sections 147, 148, 149, 341, 323, 324, 380 and 504 of the Indian Penal Code and not under Sections 452 and 307 of the Indian Penal Code. Learned counsel submits that finding the aforesaid defect, he filed a petition before C.J.M., Madhubani for directing the Officer-in- Charge of Bisfi P.S. to add Sections 452 and 307 I.P.C. in the F.I.R. of above noted case. After hearing both sides and after perusing the records, learned C.J.M., Madhubani directed the Police to add Sections 452 and 307 I.P.C. in the F.I.R. as indicated in the Complaint petition. The grievance of the petitioner is that inspite of order dated 18.9.2007 of C.J.M., the then Officer-in-Charge of Bisfi P.S. did not add the aforesaid Sections in the F.I.R., though a prima facie allegation under Sections 307& 452 was made out in the Complaint - 2 - petition. Learned counsel in support of his submissions relied upon a decision rendered by the Hon’ble Apex Court in the case of Lalan Chaudhary & Ors. Vs. State Of Bihar & Anr. Reported in 2007 (1) BBCJ part 4 page 205. Learned counsel for the State submits that in course of investigation if Investigating Officer finds that no case under Sections 307 & 452 IPC is made out, it will be within its right to submit final report accordingly. There is no dispute to the aforesaid proposition made by State counsel but the issue in question is different here and it is not related to power of Police in respect of investigation and conclusion drawn there of. Chapter 12 deals with information to Police and their power to investigate. Section 154 mandates that if information is given orally to an Officer-in-Charge of a Police Station disclosing a cognizable offence the same has to be reduced in writing and the substance thereof shall be entered in a book and he will keep the same for aforesaid purposes which in common parlance is known as F.I.R. Section 156 deals with the power of Police Officer to investigate such information or case regarding cognizable offence. Police can investigate such case even without prior permission of the Court. Section 156(3) empowers a Magistrate to direct a Police Officer to make an investigation in respect of a Complaint received by the Court. In the matter in hand the Magistrate forwards the - 3 - Complaint to the Police under Section 156(3) for registration of a case and investigation of the same. On receipt of such Complaint, the Police will not enquire into or examine the genuineness or the credibility of the information given in the Complaint at the time of registration of the case. He will merely look into the Complaint and register the same under appropriate Sections, as per the information disclosed therein. The jurisdiction and the power of the Police begins after registration of case. The unfettered power of Police to investigate begins. If Police after investigation finds that no offence is made out against accused persons or if it finds that an offence only under a particular provision is made out, then he would be at liberty to submit charge sheet accordingly. In course of investigation if Police finds that no case under aforesaid Sections as incorporated earlier at the time of registration, is made out, he would not be bound to submit charge sheet or final report under the provisions under which the case was registered. It appears that the learned Magistrate after perusal of the record has found that the Complaint prima facie disclosed an offence under Sections 307 & 452 IPC and as such directed the Police to add Sections 452 and 307 IPC in the F.I.R. This Court finds that Complaint petition makes an allegation which may come under purview of Sections 307 and 452 of the IPC. It would be another matter whether subsequent investigation reveals a case under Sections307 & 452 IPC or not. The Police as such was not correct in not instituting the case under the aforesaid Sections as indicated above. The Police should - 4 - investigate the case under the aforesaid Sections also and would be free to submit final report under penal provisions under which the offence may subsequently unfold. He cannot legally delete the aforesaid provisions at threshold either at the time of registration under Section 154 or Section 156(3) Cr.P.C. if Complaint prima facie discloses offences under the aforesaid sections. Learned counsel has rightly relied on case of Lalan Chaudhary & Ors. Vs. State of Bihar & Anr. as noted above. Para 10 of the judgment which would be relevant in the facts of the case is extracted herein below :- “The mandate of Section 154 of the Code is that at the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence, the police officer concerned cannot embark upon an enquiry as to whether the information, laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not relevant or credible. In other words, reliability, genuineness and credibility of the information are not the conditions precedent for registering a case under Section 154 of the Code.” In view of the aforesaid discussions this Court finds that the Officer instituting the case was not correct in not incorporating the F.I.R. under Sections 307 and 452 of the Indian Penal Code while registering the case under Section 156(3) Cr.P.C. It is even surprising as to why despite the order of C.J.M. dated 18.09.2007, the Officer-in- Charge did not add the aforesaid Sections in the F.I.R. - 5 - This Court directs the Officer-in-Charge of Bisfi P.S. Case No. 122 of 2007 to incorporate Sections 307 and 452 IPC in the F.I.R. and to make also due investigation in respect of the same. With the aforesaid directions this application is allowed. Let a copy of this order be handed over to the learned A.A.G.-8. S.Sb/- (S.P. Singh, J.)