HATHUBHA JATUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure (for short Cr PC), the short question raised is as to whether the statement made by a person during the course of investigation in other case, can be treated as FIR without that document being signed by the maker of the statement ?

(2.) IT appears that an offence punishable under Sections 364, 302, 342, etc., of Indian Penal Code (for short IPC) came to be registered as ICR No.189 of 2006 in Rajkot City Police Station. During the investigation, the statement of the 2nd respondent came to be recorded. As per the say of the 1 st respondent, since the statement disclosed a cognizable offence under Section 377 of the IPC, an FIR at Annexure ­ A came to be lodged to prosecute the petitioner herein. The submission is that, the 2nd respondent has not subscribed to the socalled FIR at Annexure ­ A. The 2nd respondent has also filed an affidavit before this Court stating that he is not a complainant of the offence in respect of the said so called FIR.

(3.) LEARNED APP would submit that the statement discloses a cognizable offence under Section 377 of the IPC and, therefore, it deserves to be investigated. It was submitted that FIR is merely a document to initiate the criminal proceeding and, therefore, just because the FIR is based upon the statement made during the course of investigation of other case, it cannot be brushed aside.