IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-23710 of 2011 (O & M) Date of Decision: August 24, 2011 Dilbag Singh .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Manoj Kaushik, Advocate, for the petitioner. Mr. Manoj Bajaj, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) 1. This petition filed under Section 482 Cr.P.C. prays for issuance of directions to the official respondents to take action on the complaint filed by the petitioner which, if read in conjunction with medico-legal report, indicates commission of a cognizable offence. 2. Affidavit of Mr. Gurmeet Singh Chauhan, PPS, Senior Superintendent of Police, Amritsar (Rural), has been filed in Court, which is taken on record. The stand of the respondents is that FIR No.75 dated 7.8.2011, under Sections 324, 326, 447, 427, 34 IPC has Crl. Misc. No. M-23710 of 2011 [2] been registered with Police Station, Rajasanshi, District Amritsar (Rural). 3. It has become apparent that after filing of the petition, FIR has been registered. The incident is stated to have taken place on 16.4.2011. Precious time has been lost on account of inaction on the part of the police officials of Police Station, Rajasansi, District Amritsar (Rural). 4. Under Section 154 Cr.P.C., Incharge of a police station is required to lodge FIR, if prima facie, commission of a cognizable offence is indicated, by the facts and circumstances. In the case in hand, it is now the admitted position that commission of a cognizable offence is clearly indicated, if complaint is read in conjunction with the medico-legal aspect of the case. Facts and circumstances of the case clearly show that police officials have failed in discharge of their obligation under Section 154 (1) Cr.P.C. 5. Because the FIR has been registered, the petition has been rendered infructuous and is disposed of as such, however, Inspector General of Police, Border Zone, is directed to have an enquiry conducted as to under what circumstances, although complaint was made in regard to incident dated 16.4.2011, yet FIR was not lodged. Needful has been done only after the petitioner approached this Court. As directed above, enquiry be conducted and needful in accordance with law be done so as to avoid any future occurrence of the nature. (AJAI LAMBA) August 24, 2011 JUDGE avin Crl. Misc. No. M-23710 of 2011 [3] 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?