May-21-2018 Mon, 09:18 PM
- AS TO regarding …
“xxx … Police had not written my 6 pages hand written story in FIR... xxx”
- IN THE MATTER OF LALITA KUMARI V. GOVT. OF U.P. & ORS., 2008 (7) SCC 164, the Hon’ble Apex Court speaking through Learned B.N. AGRAWAL AND G.S. SINGHVI, JJ., as decided On : 07/14/2008, adverted that has Many a times FIR are not registered even after intervention of higher police officers or orders of courts – On the other hand some practical persons do not have any difficulty and has held —
“(Para ¶ 8) — Code of Criminal Procedure, 1973 – Section 154 – FIR lodging of – Many a times FIR are not registered even after intervention of higher police officers or orders of courts – On the other hand some practical persons do not have any difficulty – Their FIR are registered and investigation proceeds at super-sonic speed – The erring police officials, if summoned to court for their misdemeanor, even assault the presiding officers of the court – It is high time the Supreme Court steps in to correct the situation – Notices issued as to why directions should not be issued in this regard.”
AGAIN, in LALITA KUMARI V. GOVT. OF U.P. & ORS., 2013 (4) CRIMES(SC) 243, the Hon'ble Supreme Court speaking through Learned P. Sathasivam, CJI, Dr. B.S. Chauhan, Ranjana Prakash and Ranjan Gogo, JJ., vide Writ Petition (Criminal) No. 68 of 2008 with S.L.P. (Crl.) No. 5986 of 2006 , S.L.P. (Crl.) No. 5200 of 2009 Criminal Appeal No. 1410 of 2011, Criminal Appeal No. 1267 of 2007 and Contempt Petition (C) No. D26722 of 2008 in Writ Petition (Criminal) No. 68 of 2008 Decided on : 12.11.2013, and has held —
“(Paras ¶¶ 60 , 61 and 63) — Criminal Procedure Code, 1973—Section 154—Police Act, 1861—Section 44—FIR—Registration of—If at all, there is any inconsistency in provisions of Section 154 of Code and Section 44 of Police Act, 1861, with regard to fact as to whether FIR is to be registered in FIR book or in General Diary, provisions of Section 154 of Code will prevail and provisions of Section 44 of Police Act, 1861 (or similar provisions of respective corresponding Police Act or Rules in other respective States) shall be void to extent of repugnancy—Registration of FIR is mandatory and also that it is to be recorded in FIR Book by giving a unique annual number to each FIR to enable strict tracking of each and every registered FIR by superior police officers as well as by competent court to which copies of each FIR are required to be sent.
(Paras ¶¶ 98, 100 and 101) — Criminal Procedure Code, 1973—Section 154—FIR—Registration of—While registration of FIR is mandatory, arrest of accused immediately on registration of FIR is not at all mandatory — Arrest of a person and registration of FIR are not directly and/or irreversibly linked and they are entirely different concepts operating under entirely different parameters—If a police officer misuses his power of arrest, he can be tried and punished under Section 166 of IPC.
(Paras ¶¶ 44 and 45) — Interpretation of Statute—Golden Rule of Construction—If the provision is unambiguous and legislative intent is clear, court need not call into it any other rules of construction—Golden rule of interpretation can be given a go-by only in cases where language of the section is ambiguous and/or leads to an absurdity.”
RECOMMENDED NEXT STEPS
- REACH OUT TO THE HIGH COURT vide CrPC § 482 or Art. 226 (Writ) and specifically seek to correct the palpable errors that are seen ex facie. Secondly, seek action against the erring Police who have been derelict in their duty.
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 Lalita Kumari v. Govt. Of U.P. & Ors., 2008 (7) SCC 164
 Lalita Kumari v. Govt. of U.P. & Ors., 2013 (4) Crimes(SC) 243