Goutam Bhaduri, J
1. Heard.
2. The present petition is for non-registration of the FIR against respondents No.8 to 21.
3. Learned counsel for the petitioner submits that respondents No.8 to 21 forcefully entered into the shop of the petitioner and demolished it and
despite the report made no FIR is lodged. He referred to Annexure P-2, P-3 & P-4 and submits that the police was bound to register the FIR and
investigate the matter.
4. Perused the documents. The following relief has been prayed for by the petitioner :-
10.1 That, this Hon'ble Court may kindly be pleased to issue a writ (S), order (S), direction (S) by directing the respondent authorities, particularly
Station House Officer, Birra (Respondenet No. 7) to register the F.I.R. against the offenders (as mentioned in the complaint, Annexure P-2 & P-3),
as per Section 154 of Cr. P.C. and the guidelines issued by the Hon'ble Supreme Court of India in the case ofL alita Kumari Vs. Government of Uttar
Pradesh & Others (2014) 2 SCC 1, in the interest of justice.
10.2 That, this Hon'ble Court may kindly be pleased to call for the records of the matter. as an alternative relief, the petitioner pray that, the matter
may kindly be referred to an independent investigation agency for investigating the entire matter.
10.3 Any other relief (s) in form of order or orders and/or direction(s) as your lordships may deem fit and proper.
5. Considering the allegations made in Annexure P-2, P-3 & P-4, wherein named FIR has been made, therefore, in view of the law laid down in the
matter of Lalita Kumari Vs. Government of Uttar Pradesh and others {(2014) 2 SCC 1} the concerned police shall lodge the FIR and carry out the
investigation as prima facie cognizable offence has been reported, therefore, the concerned police authority is directed to register the FIR taking into
the nature of the complaint and investigate the same. It is further made clear that this Court has not expressed any opinion on the merits of the case.
6. With such observation, the petition stands disposed of.