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Non Registration of FIR - Reply by Police BHC 2012


Para 5. Large number of petitions under Article 226 of the Constitution of India are being filed in this Court making a grievance regarding failure to register the offence in accordance with sub-section 1 of Section 154 of the said Code, though either complaint in writing is lodged with the concerned police station or the statement of the complainant is recorded by the Police. Such petitions are being filed only because the concerned officer of the police do not care to inform the complainants about the action taken on the complaints. In view of the decision of the Full Bench, at highest and that also in exceptional and rare cases, the concerned officer has time of two days to hold preliminary enquiry. In all other cases, the officer is expected to act immediately. Only in exceptional cases, he gets time of two days. The very fact that subsection (3) of Section 154 gives a remedy to the person aggrieved by the failure on the part of the officer to record the information shows that the duty is cast on the police officer with whom the complaint is filed, to immediately inform the complainant about the refusal to record the information referred to under Subsection (1) of Section 154 of the said Code and officer in-charge of the police station is duty bound to issue communication to the complainant of refusal on his part to record information. Only if such information is communicated to the complainant that he will be in a position to avail of the remedy under Subsection (3) of Section 154 of the said Code.

7. We are of the view that the Director General of Police should issue directions to all police stations in the State directing the officers in-charge of the police station to forthwith issue a communication to the complainants about refusal to record the information in terms of Subsection (1) of Section 154. Appropriate time limit which should be very short will have to be provided for issuing said communication so that the very object of lodging complaint should not be frustrated. If there is a gross delay in issuing communication, even the remedies provided under the said Code in a given case may become redundant. Such direction is required to be issued to ensure that complainants get opportunity to avail of the remedies under the said Code.

8. Hence, we dispose of the petition by passing following order :
(ii) We hereby direct the Director General of Police to issue directions to all the police stations in the State as indicated in the earlier part of this order.

WP (Cri) 3386 of 2012 [Bombay High Court]



Sandeep Jalan

Advocate

Law Referencer: https://www.vakeelkanumber.com/

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