HARI SINGH versus THE STATE OF U.P.

Citation: [2006] SUPP. 3 S.C.R. 59 · Decided: 16-06-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

, 
HARi SINGH 
A 
v. 
THE STATE OF U.P. 
JUNE I 6, 2006 
[ARIJIT PASAYAT AND ALTAMAS KABIR, JJ.] 
B 
Constitution of India, 1950-Article 32 -Action not taken by police on 
FIR-Writ petition by complainant seeking direction to conduct enquiry by 
CBI-Maintainability of-Held : Not maintainable~Code of Criminal C 
Procedure, 1973-ss.190, 200, 203. 
The petitioner filed Writ petition under Article 32 before this Court 
seeking direction to conduct enquiry by CBI into murder of his son on 
the ground that police had taken no action on FIR lodged by him because 
of pressure of some influential people. 
D 
Dismissing the Writ Petition, the Court 
HELD: 1.1. When the information is laid with the police, but no 
action in that behalf is taken, the complainant can under Section 190 read 
with Section 200 of the Code of Criminal Procedure, 1973 lay the E 
complaint before the Magistrate having jurisdiction to take cognizance of 
the offence and the Magistrate is required to enquire into the complaint 
as provided in chapter XV of the Code. Jn case the Magistrate after 
recordi:ig evidence finds a prima facie case, instead of issuing process to 
the accused, he is empowered to direct the police concerned to investigate 
into offence under Chapter XU of the Code and to submit a report. If he F 
finds that the complaint does not disclose any offence to take further 
action, he is empowered to dismiss the complaint under Section 203 of the 
Code. In case he finds that the complaint/evidence recorded prima facie 
discloses an offence, he is empowered to take cognizance of the offence 
and would issue process to the accused. That being so, this petition is not G 
to be entertained. [61-H; 62-A-C] 
All India Institute of Medical Sciences Employees' Union (Reg) through 
its President v. Union of India and Ors., [1996] 11 SCC 582; Gangadhar 
Janardan Mhatre v. State of Maharashtra, [20041 7 SCC 768 and Minu 
59 
H 
60 
SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R 
A 
Kumari and .4nr. v. State of Bihar and Ors .. 120061 4 SCC 359, relied on. 
1.2. It is case of the petitioner that he is under constant threat by 
some persons and his life and property are in danger. If he seeks any 
protection, it is the duty of the concerned police officials to provide such 
security as are warranted in the circumstances in accordance with law. 
13 
162-EI 
CRIMINAL ORIGINAL JURISDICTION 
Writ Petition (Criminal) 
No. 140 of 2006. 
(Under Article 32 of the Constitution of India.) 
c 
Parm~nand Katara, Manjeet Chav.la, Kusum Lata Sharma and Albe! 
Bhati for the Appellant. 
The Judgment of the Court was delivered by 
D 
ARIJIT PASA YAT, J. This petition was filed under Article 32 of the 
Constitution of India, 1950 (in short the "Constitution') is for a direci.ion to 
conduct enquiry by the Central Bureau of Investigation (in short the 'CBI') 
into the murder of one Yashvir Singh, son of the petitioner. The allegation 
is that though First Information Report (in short the 'FIR') has been lodged 
with the police to the effect that said Yashvir Singh has been murdered and 
E has not committed suicide, because of the pressure of some influencial people, 
police has not taken any positive steps, and on the contrary the petitioner is 
being harassed and threatened by certain persons. As culled out from the 
petition, said Yashvir Singh was posted as Additional Commissioner of 
Gorakhpur, Uttar Pradesh and was found dead in his official residence on 
F 19th January, 2006. Petitioner made a grievance that the police officials in 
collusion with some relatives - more particularly in-laws of the deceased-
Yashvir Singh are projecting it as a case of suicide. It is stated that the 
petitioner has made several representations to various authorities. but without 
any avail. It is pointed out that the Superintendent of Police had directed the 
officer in charge of th<: concerned police station to enquire into the matter in 
G view of tht: allegations made by the petitioner. But it is the grievance of the 
petitioner that no actim has been taken purportedly on the basis of the pressure 
exercised by some influential people who were inimical to the deceased 
though they are related to him. In essence grievance is that no action is being 
taken on the First Information Report lodged by the petitioner. 
H 
• 
HARi SINGH v. STATEOFU.P. [PASAYAT, J.] 
61 
Chapter XII of the Code of Criminal Procedure, 1973 (in short the A 
'Code') relates to "Information to the Police and thei

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