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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     18 September 2011

Registeration and investigation of f.i.r.

The provision of Section 154 of the Cr. P. C. is mandatory and the concerned I.I.C. /O.I.C.is duty bout under law to register the case and to investigate in to the matter on the basis of such information disclosing cognizable offence.

It is well settled that ‘at the stage of registration of a crime or a case on the basis of information disclosing a cognizable offence incompliance with the mandate of Section 154(1) of the Code, the concerned police officer 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 reliable or credible. On the other hand, the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under section 156 of the Code to investigate, subject to the proviso to Section 157’.



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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     18 September 2011

        Further in case, an officer in charge of police station refuses to exercise the jurisdiction vested in him and to register a case on the information of a cognizable offence reported and thereby violates the statutory duty cast upon him , the person aggrieved by such refusal can send the substance of the information in writing and by post to the Superintendent of Police concerned who if satisfied that the information forwarded to him discloses a cognizable offence, should either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by Sub-section (3) of Section 154 of the Code’.


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