UMA KANT SINGH v. STATE OF BIHAR & Ors.

anticipatory bail by the Sessions Court prior to 24.9.2008. The police in the name of investigation of the case had committed an offence of criminal tress pass, as the accused had already been granted anticipatory bail by the Sessions Judge. It is well settled and also the law of the land that a police officer has no other option except to enter the substance thereof in the prescribed form and register F.I.R., if any information of 4 cognizable office is made before him. The condition which is sine- qua-non for recording F.I.R. is that there must be information disclosing cognizable offence. In the present case on the basis of written report submitted by the petitioner, the officer-in-charge of the police station had no option but to institute an F.I.R. Petitioner has also stated that he took recourse of the provisions available under Section 154(3) Cr.P.C. by sending information to the Superior Police Officials, since the Officer-in-charge refused to institute F.I.R. Section 154(3) provides that any person aggrieved by refusal on the part of Officer-in-charge may send the substance of such information, in writing and by post to the Superintendent of Police concerned, who if satisfied that such information discloses the commission of cognizable offence, shall either investigate the case himself or direct investigation to be made by police officer subordinate to him. Since this option was exercised by the petitioner, it was incumbent on the Senior Superintendent of Police, Patna to take proper action in this regard. No counter affidavit has been filed on behalf of Sr. Superintendent of Police, Patna denying the statement made in the writ application. Considering the pleadings and submissions made by the parties, the Senior Superintendent of Police, Patna is directed to enquire into the matter as to why the Officer-in-charge of Shastrinagar Police station did not institute the F.I.R. on the basis of written report of the petitioner. The Station House officer, Shastrinagar Police Station is directed to institute F.I.R. on the basis of 5 written statement of the petitioner, annexed as Annexure-4 to the writ application and to investigate the case. This application is allowed. Sss/- (Mridula Mishra, J)