Allowing the plea, the court said that "the grounds taken by the police for non registration of the FIR are not tenable.
"Registration of an FIR involves only the process of entering the substances of the information relating to the commission of the cognisable offence in a book kept by the officer in charge of the police station...
"It is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complainant because that police officer could take further steps contemplated...," ACMM Bajpai said.
The judge in his five-page-order further said that lack of supporting material with regard to the allegations made in the complaint is no ground for non registration of the FIR.
"The collecting of evidence is the part and parcel of investigation which can be done only after the registration of FIR. The complainant can not be expected to collect the evidence and incriminating material in support of his allegation and hand over the same to the police," the court said.