1 wp12611 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 126 OF 2011 Sunita Khandu Datir ...Petitioner V/s. The Senior Police Inspector, Wadivarhe Police Station, Nasik, & Anr. ...Respondents Mr. Tushar Sonawane for the Petitioner Mr. D.P. Adsule, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 25TH JANUARY, 2011 P.C.:- Considering the allegations in the petition and the case made out by the petitioner about forcible entry in the property belonging to the petitioner, in spite of the injunction order dated 10th December, 2010 passed by this Court in Writ Petition No. 9808 of 2010, the local police officer has merely registered N.C., instead of applying cognizable offence, such as criminal trespass and other provisions. Going by the statement at pages 53 an 54 of the paper book, we find force in the 2 wp12611 argument of the petitioner that the local police official has failed in his duty to register the F.I.R. 2. The argument of the learned A.P.P., on the other hand, is that the allegations, which can be culled out from the statement at pages 53 and 54 of the paper book does not disclose commission of cognizable offence. This argument does not commend to us. The learned A.P.P., on instructions of A.P.I. V.N. Tamhane, Watiwarhe Police Station, Nashik, who is present in Court, submits that, as per his information, there are some civil disputes pending between the parties. That can be no basis to justify non-registration of F.I.R., and, instead of that, registering N.C. case, even though the allegation made by the complainant discloses cognizable offence. 3. The law is well established that, as soon as the statement discloses cognizable offence, it is the bounden duty of the police officer to immediately register F.I.R. Indeed, after registration of F.I.R., during the investigation, if the police officer investigating the case is of the opinion that the allegations are false and frivolous, it is open to him to file appropriate report before the concerned Court, but, by no stretch of imagination, the police officer can refuse to register F.I.R., and, instead, 3 wp12611 insist for preliminary inquiry before registration of F.I.R. Even on the question as to in which situation, preliminary inquiry before registration of F.I.R. is warranted is no more res integra. 4. The case on hand, obviously, does not require any preliminary inquiry, as it is not covered by the excepted category. 5. Accordingly, we dispose of this petition, with direction to the local police to record further statement of the petitioner, and, if the said statement discloses other cognizable offence, apply the relevant provisions. In addition to remedy of further statement, the police officer would be obliged and duty-bound to register F.I.R., and proceed in the matter in accordance with law. 6. We place this petition on 4th February, 2011 for reporting compliance. A.R. JOSHI, J. A.M. KHANWILKAR, J.