Supreme Court of India · 2019-08-08
THE COMMISSIONER OF POLICE vs DEVENDER ANAND
- Citation / case number
- SC 2017/11710
- Court
- Supreme Court of India
- Petitioner
- THE COMMISSIONER OF POLICE
- Respondent
- DEVENDER ANAND
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE M.R. SHAH, HON'BLE MR. JUSTICE B.R. GAVAI
Judgment text excerpt
The Supreme Court addressed the issue of non-registration of FIR under Section 420/34 IPC, where the complainant alleged cheating in a property sale due to non-disclosure of a mortgage. The Court held that the police must register an FIR if a prima facie case is established, emphasizing the duty of the police to investigate allegations of cognizable offenses. The Court set aside the High Court's order and directed the registration of the FIR, reinforcing the legal principle that the police cannot refuse to register an FIR based on the subjective assessment of the nature of the dispute.