Registration of FIR cannot be denied when there is an allegation of Interpolation in judicial records: Says Jharkhand HC

The Petitioner, Mathias Vijay Toppo was a Scheduled Area Regulation Officer in Ranchi. He approached High Court by contending that forgery had been committed in some of the judicial records by replicating his signature. He also stated that around 59 were disposed of by making forgery even though none of the cases was registered in the Trial Register.

The state chooses to oppose the petition filed by Mathias and the Court expressed ‘surprise’ on the side taken by the state. The court stated “Surprisingly the State is opposing registering of FIR. Learned APP opposes registering of FIR, for reasons best known. The attitude of State is not understood by the Court.”

Looking at the seriousness of the allegations the Court pointed out the rulings in ‘Ramesh Kumari v. State (NCT) Delhi & Ors., (2006) 2SCC 677’, the Supreme Court held that the Police cannot refuse to register FIR when there is a cognizable offense made out and complained about the same was done before the police by the aggrieved party.

Further the single bench of Justice Ananda Sen of Jharkhand High Court remarked that “State cannot opposes registering of an FIR when there is an allegation of interpolation in Judicial records and there is an allegation of Forgery. It is the duty of the State in these circumstances to see that an FIR is lodged.” The Court also directed DGP, Ranchi to register an FIR on the serious allegations made by SAR officer regarding forging and tempering of Judicial records.

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