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Home > News > Criminal Law > SC asks why FIRs not being lodged when mandatory



SC asks why FIRs not being lodged when mandatory

By : SANJAY DIXIT on 16 July 2008 E-mail Email this | Print Print this
 






New Delhi, Jul 14 The Supreme Court today issued notices to the Centre, all States and Union Territories, seeking an explanation why the directions of the court regarding the mandatory lodging of an FIR in case of cognisable offences are not being complied with.

A 16-year-old daughter of the petitioner Lalita Kumari was kidnapped from Loni district of Ghaziabad, UP, and her whereabouts are yet not known as she has not been traced till date by police.

Counsel for the petitioner submitted before a bench comprising Justices B N Agrawal and G S Singhvi that instead of registering an FIR, the SHO of Loni police station threatened the petitioner with dire consequences in case she did not withdraw her complaint against the kidnapper of her minor daughter.

Taking serious note of the attitude of the police officials, who refused to register an FIR in congnisable offences, the angry judges remarked, ''It is a disturbing state of affairs where the police instead of helping and protecting the victim, shields the offenders.'' The apex court has sought an explanation from the Union Home Ministry and all the DGPs of all the States in the country to file their responses whether the directions of the apex court that registration of an FIR is mandatory when a complaint is filed before the police alleging an occurrence of cognisable offence, are being complied with in true letter and spirit.

The court also directed that its judgement must be placed on the Supreme Court website to ensure the compliance of its direction by the police authorities throughout the country.

Besides this, the Supreme Court has sought details of the action being taken by the police department against the police officials who refuse to register the FIR.

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