Mohindro v. State of Punjab, (SC) BS93492
SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and B.N. Agrawal, JJ.

Criminal Appeal No. 18 of 2001 (arising out of S.L.P. (Cri.) No. 3142 of 2000). D/d. 4.1.2001.

Mohindro - Appellant

Versus

State of Punjab and others - Respondents

Criminal Procedure Code, 1973, Sections 154 and 157 - Police investigation - Appellant approached police for registration of a case - Police failed to register the case for no reasons whatsoever - Police directed to register the case within a week on the basis of report to be lodged by the appellant.

[Para 1]

JUDGMENT

The grievance of the appellant is that though she has approached the authority for registering a case against the alleged accused persons but the police never registered a case and never put the law in motion, and, therefore, having failed in an attempt in the High Court to get a case registered she has approached this Court. Pursuant to the notice issued the respondents have entered appearance. Though the learned Counsel appearing for the State of Punjab stated that there had been an enquiry, we fail to understand as to how there can be an enquiry without registering a criminal case. On the facts alleged, it transpires that the appellant approached the police for registering a case and get the allegation investigated into and yet for no reasons whatsoever the police failed to register the case. In the aforesaid premises, we allow this appeal and direct that a case be registered on the basis of the report to be lodged by the appellant at the Police Station within a week from today and thereafter the matter will be duly investigated into and appropriate action be taken accordingly.

2. The appeal is disposed of accordingly.

Order accordingly.