IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.620 of 2007 GHANSHYAM PRASAD Versus THE STATE OF BIHAR & ORS ----------- 3 9.9.2008 Heard learned counsel for the petitioner and the State. In the instant writ petition the petitioner prays for institution of the case on the basis of written complaint dated 4.7.2007 made to the Officer-Incharge, Danapur P.S. alleging therein that one Yatendra Kumar son of Narendra Singh of Mohalla- Gandhinagar, Danapur, Patna demanded a sum of Rs.12 lacs as Rangdari and in case of non- payment he threatened for dire consequences. Learned counsel for the petitioner submits that he has also represented to the Superintendent of Police, Patna as well as other Senior Police officers but nothing his been done so far. Learned counsel for the State submits that a non-F.I.R. was registered and a proceeding under section 107 Cr.P.C. was recommended. He further submits that the police made enquiry and found that there is some previous dispute between the parties. Learned counsel for the petitioner submits that it would be open to the Officer Incharge of the Police Station concerned to lodge a case against the complainant under section 182/211 I.P.C. if on investigation the case is found to be false. Section 154 Cr.P.C. mandates that when any information relating to commission of cognizable offence is given to the Police Officer orally or in writing, he will enter the substance thereof in the concerned book kept for such purposes and will register a case - 2 - KHAN thereof. If the Officer-Incharge of a Police Station refused to record such information, the aggrieved person may send the substance of such information in writing to the Superintendent of Police who may either investigate the case himself or direct the investigation to be made by any police officer subordinate to him. The police has merely to see whether a cognizable offence is made out or not and if the substance of complaint discloses the commission of cognizable offence, the case is to be instituted. The view of mine finds support in a decision rendered by the Hon’ble Apex Court in the case of Lallan Chaudhary Vs State of Bihar, A.I.R. 2006 SC 3376. Having considered the facts and circumstances of the case, this court is of the view that the Officer-Incharge, Danapur Police Station will take appropriate steps for institution of the case on the basis of written complaint dated 4.7.2007, if allegation discloses a cognizable offence, in light of the observations made hereinabove. With the aforesaid observations, this writ petition is allowed to the extent indicated above. (S.P.Singh,J)