HC: Police can't follow sweet will for lodging FIR

Bhadra Sinha / TNN / Jun 3, 2006, 23:59 IST

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Delhi HC has lashed out at the police for not carrying out their statutory obligation to register an FIR.

HC: Police can't follow sweet will for lodging FIR

NEW DELHI: Delhi High Court has lashed out at the police for not carrying out their statutory obligation to register an FIR but, instead, following their "discretion" and "sweet will" while acting on a complaint disclosing a cognisable offence.
Commenting on the state of police functioning, the judge felt that cases were not being registered to probably keep the crime graph low in the metropolis.
Laying down strict guidelines for the investigating agency, Justice R C Jain said the police should not adopt the policy to conduct a preliminary inquiry before registering a case.
Justice Jain's direction was pursuant to the police's stand that they had requisite jurisdiction and power to hold preliminary inquiry into allegations. "Such a situation might play havoc," remarked the judge on the police's submission.

"...particularly so when the matter is left in the hands of unscrupulous police officers who are not acting bona fide or who fail to approach the matter with the desired objectivity," said Justice Jain.
The judge disposed off two petitions of a 70-year-old advocate who alleged the police had failed to initiate action on his complaints. On both occasions, the police did not register a case.
While directing the police to file an FIR, Justice Jain said police could not check the veracity of the complaint before registering a case.

"The very objective of having a strong and large police force in any State is to register, detect and investigate crime and prosecute the violators of law besides maintaining law and order....law and order can only be maintained if the commission of crime is prevented," the judge held.
He, however, added that if the police found the complaint, after registering a case, to be false and misleading, the authorities could take necessary action in accordance with law.
Indian Penal Code prescribes punishment against a person who furnishes false information. "Investigating agency would have been well advised to take further necessary action as per the law including an action for recommending initiation of criminal proceedings against the complainant if the police come to a finding that the complainant had moved the police machinery in order to cause him to use his lawful power to injure any person," the judge said.

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