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Kamal Shah (self employed)     18 April 2011

CrPC 156(3)

What is the procedure for investigation for charges u/s 409,419,420,465,468,471 rw 120B of IPC after the FIR being registered as per the Court Order .

How soon is the PI bound to register an F.I.R ?

The court issued an Order dt 1.12.2010  which was submittted to Police Station on 05.12.2010 and the report was to be submitted by 3/02/2011 .But police registred as FIR on 05.02.2001 .

? How to keep a check on the Investigating officer if he is allegedly helping the Accused ?

How much could be the minimum time frame of the case ?

Whether arrest is mandatory in such cases ?

Please guide



Learning

 2 Replies

Ravikant Soni (LAWYER IN JAIPUR)     18 April 2011

 

ITEM NO.10                 COURT NO.2               SECTION X

            S U P R E M E   C O U R T   O F   I N D I A

                         RECORD OF PROCEEDINGS

                 WRIT PETITION (CRL.) NO.68 OF 2008

(For Prel. Hearing)

LALITA KUMARI                                        Petitioner(s)

                      VERSUS

GOVT.OF U.P.& ORS.                                   Respondent(s)

(With appln(s) for exemption from filing O.T.)

Date: 14/07/2008  This Petition was called on for hearing today.

CORAM :

        HON'BLE MR. JUSTICE B.N. AGRAWAL

        HON'BLE MR. JUSTICE G.S. SINGHVI

For Petitioner(s) Mr. Pranesh,Adv.

                                             Ms. Mona Rajvanshi,Adv.

For Respondent(s)

           UPON hearing counsel the Court made the following

                               O R D E R

Exemption allowed.

Heard learned counsel appearing on behalf of the petitioner.

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

-/2....- 2 -

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.

-/3....- 3 -

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.  

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 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

-/4....- 4 -

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.  

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.

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.

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.

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 .

Three weeks' time is allowed to file response.

Place this matter on 8th August, 2008.

2 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     19 April 2011

good job ravikant sony jee!

keep it up!


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