The Orissa High Court recently comprisng of a bench of Justice SK Panigrahi ordered the DGP, Odisha to ensure that strong action is prescribed against the erring police officers including the initiation of disciplinary proceedings against them for whimsically not registering First Information Reports after receiving complaints. (Jhulana Behera @ Jhansi Behera v. State of Odisha and Ors.)
Facts of the case
Learned counsel for the petitioner submitted that the petitioner has approached with a complaint copy before the Inspector-in-charge, Astaranga Police Station, District- Puri on 04.05.2022 for registration of FIR against the accused persons and seeking appropriate investigation thereupon. However, the Inspector-in- charge of said Police Station whimsically refused to register the F.I.R.
Aggrieved by such non-registration of FIR, the petitioner has approached the Superintendent of Police, Puri, by way of a representation dated 29.05.2022 and the said representation is still pending with him.
Learned counsel for the petitioner further submitted that though he has handed over the said complaint copy to the Inspector-in-charge of Police, Astaranga P.S., District- Puri which has been duly received by him, but there is no endorsement or acknowledgement receipt or any stamp acknowledging the receipt to that effect by the Police for which the petitioner is unable to show as to whether the copy the FIR has been received by the Police Station or not.
Courts Observation and order
The bench issued an array of directions to the DGP regarding registration of FIRs in the State. The judge said, "It is often observed that some amount of institutional lethargy has crept into so many Police Stations of the State. Many Police Officers are refusing to register the F.I.R. whimsically or due to some externous circumstances".
Therefore, in order to sensitise the police officers, the Court directed the DGP to issue the following instructions to all the police stations of the State:
"a) Whenever a person comes to the Police Station with a complaint, the Officer posted at the Police Station shall compulsorily receive the complaint and endorse the complaint by way of a receipt or by way of stamp acknowledging the said receipt at that Police Station with time and date. The Police Officer shall further insist a photo copy of the said complaint to be given back to the complainant.
b) While a prescribed format is not necessary, it is essential that the In-charge of the Police Station shall indicate the minimum information required to substantiate a complaint and shall suggest what supporting documents are relevant and can add weight to the complaint.
c) The concerned official must be courteous to the complainant who approaches to the Police station and furnish a pen and a paper to the complainant, on request.
d) The complainant may also be given a comfortable space to sit and write the complaint.
e) If the person is illiterate, the complaint must be dictated by the complainant to the officer-in-charge who shall reduce the same in writing and dictate it to the complainant before it is signed and stamped by the officer.
f) A copy (photo-copy) of the FIR filed must be returned to the complainant by the concerned officer free of cost."
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