Ordering registration of the FIR on the complaint of a 70-year-old man for offence of cheating against a property dealer and others, the court took serious objection to a report of a police officer that though he was convinced that a case was made out, but the FIR could not be lodged as an approval from the DCP concerned was awaited.
"There exists no provision in the Code of Criminal Procedure which mandates or even requires the approval of any officer or the DCP before registration of the FIR.
"If the cognisable offence is made out and the IO is of the opinion that an FIR ought to be registered, the police is bound to register an FIR," Metropolitan Magistrate Amitabh Rawat said, adding he was pained to notice that a senior citizen has been subjected to harassment.
The court's order came on a complaint of Uma Arora and her husband Santosh Arora, residents of East Delhi.
Rajive R Raj, lawyer for the couple, said the man was being "harassed" and made to run from pillar to post for past one-and-a half-year to get the FIR registered.
"I am of the opinion that it is fit case for registration of the FIR. However, I am at pain to observe that a senior citizen has been subjected to harassment despite the fact that the officer of the DCP, crime branch has forwarded the complaint of the present complainant on March 17, 2011 to the DCP, North East district.
"Despite the passage of more than one year, the police has not cared much to register the FIR if it so warranted," the magistrate said.
"Let copy of this order be sent to Commissioner of Police, Delhi and also a report be called regarding statutory provisions which empowers the concerned DCP to give approval without which FIR cannot be registered even if the Investigating Officer is satisfied of the same for June 7, 2012," the court said. (More)
