1 23 wp.2817.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2817 OF 2010 Sudhakar Bhojaya Shetty. ... Petitioner Vs. The State of Maharashtra and ors. ... Respondent ----- Mr. S.A.Tawate for the Petitioner. Ms. S.V.Gajare, APP for the State. ----- CORAM : A.M. KHANWILKAR and P.D. KODE, JJ. DATE : 05 th October, 2010. P.C. 1 Heard the learned counsel for the Petitioner and the learned APP. 2 Perused the written complaint made to the Senior Police Inspector by the Petitioner, which was received in the concerned police station on 08 th September, 2010 at Exhibit-F. Going by the plain language of the said written complaint, we have no hesitation in taking the view that it discloses commission of cognizable offence. If so, the police official had no option, but to register the FIR in compliance with the requirement of Section 154 of the Criminal Procedure Code and proceed with the matter in accordance with law. It is not argued by the learned APP that the fact situation of the present case would be covered by excepted 2 23 wp.2817.10 category, which may require informal inquiry. In our opinion, the police official to whom the written complaint was addressed has failed in his duty to register the FIR and proceed with the matter in accordance with law. The argument canvassed by the learned APP before us that in fact he started inquiry to ascertain the correctness of the allegations contained in the written complaint, will have to be only stated to be rejected. Such plea cannot be countenanced. As aforesaid, inquiry could be made only if the case was covered by excepted category. In all other cases, where the oral or written complaint made before the police official, discloses cognizable offence, it is well established by now, the police official has no discretion, but to register the FIR and proceed with the matter in accordance with law. 3 Hence this petition succeeds with direction to the Assistant Commissioner of Police having jurisdiction in respect of the area in which the offence has been committed to register the FIR and proceed with the matter in accordance with law. 4 Copy of this order be forwarded to the Secretary, Home Department for taking appropriate action against the Senior Police Inspector who failed to register the FIR in spite of the fact that the written complaint disclosed cognizable offence. [ P.D. KODE, J ] [ A.M. KHANWILKAR, J ]