Case Summary
| Citation | Lalita Kumari v. Govt. of Uttar Pradesh2008(11) SCALE 154 |
| Keywords | FIR, Order, Guidelines, Section 154 of CrPC, Registering FIR, Police, SHO, SP |
| Facts | The written report of offence of kidnapping a minor girl, was submitted by the petitioner before the Officer In-charge of the concerned Police Station, who sat tight over the matter. Thereafter, when the Superintendent of Police was moved, a First Information Report (for short “F.I.R.”) was registered. Even thereafter, steps were not taken either for apprehending the accused or recovery of the minor girl child. |
| Issues | 1. That in spite of law laid down by the Supreme Court, the concerned police authorities do not register F.I.Rs unless some direction is given by the Chief Judicial Magistrate or the High Court or the Supreme Court itself. 2. In large number of cases investigations do not commence even after registration of F.I.Rs and in case like the present one, steps are not taken for recovery of the kidnapped person or apprehending the accused person with reasonable despatch. 3. At times it has been found that when harsh orders are passed by the Members of the Judiciary in a State, the police become hostile to them. |
| Contentions | 1. It is settled law that when one approaches police station with information of commission of a cognizable offence, it is mandatory for SHO to register FIR without delay under Section 154 of CrPC. Despite of the clear law on this point Police personnel do not register FIR arbitrarily. |
| Law Points | 1. It is the question upon functioning of administrative machinery. |
| Judgement | 1. By order dated 14th July, 2008, the Supreme Court issued notices to the Chief Secretaries of all the States and Union Territories and Director Generals of Police / Commissioners of Police, as the case may be, to show cause as to why the directions enumerated therein be not given by this Court. 2. Notices were sent to the aforesaid authorities by the Supreme Court Registry by fax and it was mentioned in the notices that the order has been put on the website of the Supreme Court of India so that they may file responses without loss of time. The order was put on the website of the Supreme Court of India, as directed by the Court. 3. In case F.I.Rs are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same. |
| Ratio Decidendi & Case Authority | 1. In large number of cases where victim is poor and indigents, investigations do not commence even after registration of F.I.Rs and further steps are not taken. 2. On the other hand, there are innumerable cases that where the complainant is a practical person, F.I.Rs are registered immediately, copies thereof are made over to the complainant on the same day, investigation proceeds with supersonic jet speed, immediate steps are taken. 3. This practice is not only unlawful but also unconstitutional. As it is noncompliance of law laid down in CrPC and violation of Article 14 of the Constitution as well. 4. Thereby Guidelines and Notices are necessary. |
Full Case Details
B.N. AGRAWAL AND G.S. SINGHVI, JJ.
O R D E R
3. The grievance in the present writ petition is that the occurrence had taken place in the month
of May and, in that very month, on 11th May, 2008, the written report was submitted by the
petitioner before the Officer In-charge of the concerned Police Station, who sat tight over
the matter. Thereafter, when the Superintendent of Police was moved, a First Information
Report (for short “F.I.R.”) was registered. Even thereafter, steps were not taken either for
apprehending the accused or recovery of the minor girl child. It is a matter of experience
of one of us (B.N. Agrawal, J.) while acting as Judge of Patna High Court, Chief Justice of
Orissa High Court and Judge of this Court that in spite of law laid down by this Court, the
concerned police authorities do not register F.I.Rs unless some direction is given by the
Chief Judicial Magistrate or the High Court or this Court. Further experience shows that
even after orders are passed by the concerned courts for registration of the case, the police
does not take the necessary steps and when matters are brought to the notice of the
Inspecting Judges of the High Court during the course of inspection of Courts and
Superintendents of Police are taken to task, then only F.I.Rs are registered. In large number
of cases investigations do not commence even after registration of F.I.Rs and in case like
the present one, steps are not taken for recovery of the kidnapped person or apprehending
the accused person with reasonable despatch. At times it has been found that when harsh
orders are passed by the Members of the Judiciary in a State, the police becomes hostile to
them; for instance in Bihar when a bail petition filed by a police personnel, who was
accused was rejected by a member of Bihar Superior Judicial Service, he was assaulted in
the Court room for which contempt proceeding was initiated by Patna High Court and the
erring police officials were convicted and sentenced to suffer imprisonment.
4. On the other hand, there are innumerable cases that where the complainant is a practical
person, F.I.Rs are registered immediately, copies thereof are made over to the complainant
on the same day, investigation proceeds with supersonic jet speed, immediate steps are
taken for apprehending the accused and recovery of the kidnapped persons and the
properties which were subject matter of theft or dacoity. In the case before us allegations
have been made that the Station House Officer of the concerned Police Station is
pressurising the complainant to withdraw the complaint, which, if true, is a very disturbing
state of affairs. We do not know there may be innumerable such instances.
5. In view of the above, we feel that it is high time to give directions to Governments of all
the States and Union Territories besides their Director Generals of Police/Commissioners
of Police as the case may be to the effect that if steps are not taken for registration of F.I.Rs
immediately and copies thereof are not made over to the complainants, they may move the
concerned Magistrates by filing complaint petitions to give direction to the police to register
case immediately upon receipt/production of copy of the orders and make over copy of the
F.I.Rs to the complainants, within twenty four hours of receipt/production of copy of such
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orders. It may further give direction to take immediate steps for apprehending the accused
persons and recovery of kidnapped/abducted persons and properties which were subject
matter of theft or dacoity. In case F.I.Rs are not registered within the aforementioned time,
and/or aforementioned steps are not taken by the police, the concerned Magistrate would
be justified in initiating contempt proceeding against such delinquent officers and punish
them for violation of its orders if no sufficient cause is shown and awarding stringent
punishment like sentence of imprisonment against them inasmuch as the Disciplinary
Authority would be quite justified in initiating departmental proceeding and suspending
them in contemplation of the same.
6. Keeping in mind these facts, we are of the view that notices should be issued to Government
of all the States and Union Territories besides Director Generals of Police/Commissioners
of Police as the case may be.
7. Issue notice to the Chief Secretaries of all the States and Union Territories and the Director
Generals of Police/Commissioners of Police, as the case may be, to show cause as to why
aforesaid directions be not given by this Court.
8. Notices may be sent to the parties by Fax and it should be mentioned therein that the order
has been put on the Website of the Supreme Court of India so that they may file response
without loss of time.
9. Let the Registry place this order on the Website immediately on receipt of the file so that
the concerned authorities know about the same and that the person concerned may file
response within the time granted hereunder .
10. Three weeks’ time is allowed to file response.
11. Place this matter on 8th August, 2008.
