Task-7 Day-7

Manish Kumar is factory owner in Delhi and supplied good to the Surjeet Sinha
at Chandigarh worth 10 lakhs and Sujeet Sinha paid only 10 lakhs and did not
make payment of balance amount. The intension of Sujeet was bad from the
beginning, he kept buying time on one pretext or the other. Manish Kumar later
came to know that he also cheated same to other factory owners in a same
manner with guilty mens rea. So, Manish Kumar finally decides to take legal
route and he decide to FIR and when he went to police station at Delhi for
registration of the FIR police refused to register the complaint. Here police
violated section of 154(1) of Code of Criminal Procedure which says that every
offense related to cognizable offense, if given to police officer in police station
it shall be done in writing in by police and take that complain. Cognizable
offense is which the punishment is 3 years or more. Police has to register FIR ist
and investigate, police cannot say that on name that investigation is going on so
they are not registering the FIR. Police cannot refuse to write the FIR on the
basis that providing information is not complete and is half information. Police
has to register whatever amount of information is providing to them. It also
guidelines of home ministry that if any complain come to them of cognizable
offense, they have to register it mention in report of Law Commission Report.
Even Supreme Court in various judgement has said that they it’s to mandatory
to register FIR by police in every cognizable offense without any questions. In
the case of the of Manish Kumar has same thing happened, he went to police
station which cognizable of offense of Fraud and cheating so police has to
register FIR, if police is not doing so they are violating the law and Manish can
go judicial way by filing writ petition against the police