Srinagar: A trial court at Srinagar has directed the Station House Officer (SHO), Karan Nagar, to register an FIR against Director and Managing Director of INFAHS Apple service store after a plea was filed before the court stating that the said store cheated a customer by handing him his phone in an even more dilapidated condition.
The Chief Judicial Magistrate said it appears that the petitioner had purchased a second-hand iPhone 11 Pro Max 64 GP Colour Gold and had on account of the defect delivered the same to the respondents for necessary repairs.
“The petitioner contends that the respondents running the service centre committed breach of trust as the defect was never removed but instead the condition of the phone had dilapidated during the time the mobile phone was in their custody,” the judge noted.
He said that the concerns raised by the petitioner need a thorough investigation and it needs to be ascertained as to whether the petitioner is making a fabricated story or the respondents have actually damaged the mobile phone and were negligent in holding its custody.
“This Court has ample powers in terms of Sec. 156 (3) of the Code of Criminal procedure to direct the SHO Police Station Karan Nagar to register an FIR against the respondent and investigate into the allegations levelled by the petitioner,” the court said.
It was recorded that inaction by the SHO concerned had to be viewed seriously and it amounts to dereliction of duties imposed upon the police official by the law of the land when he has declined to register an FIR against the respondents.
“For the purse of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so,” the court said.
It was recorded that registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the CrPC code.
“Even, if a Magistrate does not say in so many words while directing investigating U/S 156 (3) of the code that an FIR should be registered, it is the duty of the officer in charge of police station to register the FIR regarding the cognizable offence disclosed by the complaint because that police officer could take further steps,” court noted.
“Therefore SHO Police Station Karan Nagar is directed to register an FIR against the accused and conduct investigation in accordance provisions incorporated in the Code of Criminal Procedure.
“Let a copy of this order be forwarded to SHO Police Station Karan Nagar for information & Compliance through Additional Public Prosecutor of this court and the report regarding registration of FIR shall be filed before this Court on 5 September,” said the judge.