Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 1473 - HC - Indian LawsSustainability of a FIR - FIR not in consonance with the procedure mandated in Section 154 Cr.P.C. - Constraint on use of the CAG report as a document in a criminal proceeding - HELD THAT:- There is no statutory provision in any of the Penal laws in respect of which the FIRs are registered, reconciling the procedure contemplated in Section 154(1) of the Code. That being so, the Lokayuktha Police ought not to have yielded to register the FIRs by blowing away the mandatory procedure. The irregularity/illegality committed in registration of the FIRs, without there being any material in the nature of information goes to the very root of the matter which cannot be cured by whatever means. Constraint on use of the CAG report as a document in a criminal proceeding - HELD THAT:- In this era of advanced Information Technology with the enablement conferred on the citizen of the country to have easy access to information by way of Right to Information Act, 2005, it is unrealistic to presume CAG report as a confidential document, till it meets finality in the Parliament or the Legislature. The Code no where contemplates a Police Officer acting under Section 157 of the Code to publish the source of information which drives him to register a suo moto complaint in respect of a cognizable offence. Likewise it is always open to a concerned/aggrieved informant to approach the jurisdictional Police even on suspicion about commission of a cognizable offence, to be dealt in accordance with Section 154(1) of the Code. An alert citizen upholding the mission of 'combat against corruption' is certainly laudable. But it shall not be a free style battle. The penal laws under which the alleged offence fall will take over, if offence is proved in a court of law. The procedure contemplated by the Code to invoke criminal law into motion being the first step for registration of a criminal case, inroading of the procedure laid down by rule of law is not at all permissible. An attempt is made to justify the action of Lokayuktha Police that the case is not registered solely on the report of C.A.G. but also on the independent enquiry conducted by the C.I.D. Police on the direction of the Lokayuktha. Petition allowed.
|