TMI Blog2006 (10) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... urely a question of law and it may not be necessary to recite the entire facts leading to the filing of the present appeal. Complaint Case No. 223C/1996 was filed before the Sub- Divisional Judicial Magistrate, Sikrahana at Motihari, District East Champaran by Yogendra Prasad - the respondent herein, to the effect that on 7.6.1996 at about 6.00 PM the accused \026 Lalan Chaudhary, Din Bandhu Chaudhary, Sanjeev Kumar @ Ghutan, Lalbabu Prasad, Bhola Shah, Nageshwar Shah, Bhagrit Raut, Joka Majhi and Suruj Raut having formed unlawful assembly and armed with Lathi, Fatta, Farsa, Nalkatwa and Rifle, illegally entered in the residential house of the complainant and indulged in Loot-Paat of household articles and also teased female members of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. (2) A copy of the information as recorded under subsection (1) shall be given forthwith, free of cost, to the informant. (3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such inform ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerned cannot embark upon an enquiry as to whether the information, laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not relevant or credible. In other words, reliability, genuineness and credibility of the information are not the conditions precedent for registering a case under Section 154 of the Code. In the present case, undisputedly, the cognizable offences disclosed in the complaint, were under Sections 147, 148, 149, 448, 452, 323 and 395 IPC. The complaint was filed before the Sub-Divisional Judicial Magistrate and the same was endorsed to SHO of concerned Police Station for registering the FIR under Section 154 of the Code. The concerned SHO of the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of mind. The District and Sessions Judge also failed to take notice the miscarriage of justice by the Trial Judge. It is, in these circumstances that the High Court has, in our view, justly corrected the error committed by two Courts. In our view, therefore, the impugned order of the High Court does not suffer from any infirmities. Mr. Tripurari Ray, learned counsel appearing for the appellant contended that the complainant has not challenged the charges framed under Sections 452/323/34 IPC. It is also contended that the appellants are facing criminal trial for the last 14 years and if the committal proceedings are initiated by the trying Magistrate pursuant to the directions of the High Court, it would impede speedy trial a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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