Last Updated on December 7, 2019 by Legalseva.net
A complainant has a right to get an FIR (First Information Report) registered with the police regarding any crime, provided that the offence is cognizable, i.e. where the police can make an arrest without a warrant. Can an SHO be booked for not filing an FIR? The answer is yes! The same was iterated by a court in a recent case.
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Facts of the Case
In the present case, around nineteen people that included the Manesar Station House Officer, twelve government officials and six developers were involved in a stamp duty evasion scam of around Rs. 2.4 crore through which eight land deals were secured, and the Station House Officer failed to register an FIR for the same. RTI Activist OP Kataria brought the matter to the notice of Justice SK Sharma of the session’s court. This was when the court ordered the FIR to be registered.
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A similar case had taken place in Sihi in December 2018 as well, which was also brought to light by an RTI activist named Ramesh Yadav. The Sessions court had then ordered an FIR against fourteen developers, seven revenue department officials and three computer operators at Manesar police station in a stamp duty evasion scam that involved Rs. 5 crore.
Even the SHO of the police station has not been spared as his role is under scanner and he too has been booked for the same alleged offences. It apparently seems that the individuals are hand in glove in causing loss to the exchequer amounting to Rs. 2.4 Cr.
Also Read-POLICE NOT REGISTERING FIR, WHAT TO DO?
For more on how to approach the court incase your FIR has not been registered, you may consult best/top/expert lawyer/advocate to seek professional and effective legal advice in Chandigarh, Panchkula, Mohali.
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Case Law
In the case of Lalita Kumari Versus Government of U.P. & Ors., the honourable Supreme Court of India held that registration of FIR under section 154 of the Code of Criminal Procedure is mandatory for cognizable offences.
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