RAMESH KUMARI versus STATE (N.C.T. OF DELHI) AND ORS.

RAMESH KUMARI versus STATE (N.C.T. OF DELHI) AND ORS.

The pendency of a contempt petition or the availability of an alternative remedy is not a valid ground in law for the police to refuse registration of a complaint disclosing a cognizable offence, particularly against police officers. Section 154 CrPC mandates registration of an FIR, and any assessment of credibility or genuineness can only happen post-registration. The High Court erred in dismissing the petition on these grounds.

Parties
Appellant: Ramesh Kumar; Respondents: State (N.C.T. of Delhi) and Ors.
Jurisdiction
India
Judgment Date
21 February 2006
Procedural Posture
Criminal Appeal / Appeal Against Denial of Writ Petition by Delhi High Court
Outcome
Appeal allowed
Legal Topics
Registration of FIR, Cognizable Offence, Police Inaction, CBI Investigation
Criminal Law Criminal Procedure Registration of FIR Cognizable Offence Police Inaction CBI Investigation

Case Brief

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Parties

Ramesh Kumar

Appellant

State (N.C.T. of Delhi) and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against Denial of Writ Petition by Delhi High Court

Legal Issues

  1. 1 Whether pendency of a contempt petition or availability of alternative remedy is a valid ground for the police not to register a complaint disclosing a cognizable offence
  2. 2 Whether the High Court erred in denying the registration of FIR against a police officer

Ratio Decidendi

The pendency of a contempt petition or the availability of an alternative remedy is not a valid ground in law for the police to refuse registration of a complaint disclosing a cognizable offence, particularly against police officers. Section 154 CrPC mandates registration of an FIR, and any assessment of credibility or genuineness can only happen post-registration. The High Court erred in dismissing the petition on these grounds.

Court Disposition

Appeal allowed

Orders

  • The Central Bureau of Investigation (CBI) shall register a case and investigate the complaint dated 9.9.1997 and 13.9.1997 filed by the appellant.
  • CBI shall collect the complaint from SHO, Police Station, Kapashera; if not traceable, the appellant shall provide photocopies.