Hitesh Bhardwaj (Petitioner) has preferred the present petition under Section 482 of the Code of Criminal Procedure (CrPC). The petition seeks appropriate directions to register an FIR in pursuance of a criminal complaint.
Facts of the Case
A complaint was filed by Hitesh Bhardwaj against his brother on March 22. Hitesh approached the police upon suspicion that his brother Nitesh killed their mother. Even though her death was being attributed to cardiac arrest.
The Petitioner further alleged that Akal Hospital is a very small nursing home. And instead of taking their mother to big hospitals, his brother (respondent) took her to a small nursing home. And the mother of the Petitioner had no past medical history of any heart disease. Nitesh Bhardwaj had also been named as an accused in the death of their father in 2013.
After a preliminary inquiry revealed no cause to suspect unnatural death, the Police refused to register the offence. Due to which the Petitioner approached Punjab and Haryana High Court seeking registration of an FIR.
Arguments before Court
Ld. Counsel Abhinav Sood appeared for the Petitioner. He contended that failure to file an FIR violates the principle propounded in Lalita Kumari vs. Govt. of U.P. and others. Where it was held that “Registration of an FIR is a must in cases of cognizable offences even without a preliminary inquiry”.
Relying on Abhay Nath Dubey vs. the State of Delhi, Ld. Counsel submitted that the Police cannot embark upon a full-scale inquiry into the complaint without registration of FIR.
Mr Sood further submitted that in Bhajan Lal vs. the State of Haryana, the Court has laid that at the stage of registration of a cognizable offence, the Police Officer cannot embark upon an inquiry. About whether the information laid before him by the informant is reliable or genuine and to refuse registration of a case on that ground.
Court’s Decision
A single bench of Justice Raj Mohan Singh emphasizes the principle of law that the registration of an FIR is mandatory under section 154 of CrPC if the information discloses a cognizable offence.
The Court further clarified that if no case is made out after investigation, it would be the prerogative of the Police to file cancellation of the FIR.
For the original order of the case, Click here: Hitesh Bhardwaj v. State of Punjab
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