RAMESH KUMARI VS. STATE (N.C.T. OF DELHI) AND ORS.
Bench: Justice H.K. Sema and A.R. Lakshmanan
Facts:
In the present case the Petitioner filed a Complaint against a Police Officer alleging that she was allotted and put in possession of land. The stay order was granted by the High Court protecting the possession of the Appellant. Petitioner alleges that some police officials and laborers accompanying respondents broke open the lock of the premises and criminally trespassed into it removing tractor, trolley, water tank, generator, boring machine, tempo and other agricultural implements in defiance of the interim restraint order. Photographs were also provided by the petitioner to support the complaint.
Petitioner’s Contention:
Written Complaint was filed by the Petitioner to the concerned SHO and Police Commissioner informing them about the incident and for registration of a case against respondents, but no action was taken by in the matter. The only grievance of the Petitioner was to register a case against these respondents and to bring them to book under law.
Findings:
Section 154 of Code of Criminal Procedure bind Police Official to record every information relating to the commission of a cognizable offence, if given orally or by any means to an officer in charge of a police station to be registered in their books. It was held that the concerned officer is duty bound to register the case on the basis of such information disclosing cognizable offence.
