Uttarakhand High Court
WPCRL/418/2021 on 4 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (CRIMINAL) NO.418 of 2021
4th March, 2021
Between:
Manju Rani and others. ....Petitioners
and
State of Uttarakhand and others. .......Respondents
Counsel for the : Mr. R.P. Singh, learned counsel.
petitioners.
Counsel for respondent : Mr. J.S. Virk, learned Deputy
Nos. 1 to 4/State. Advocate General assisted by Mr.
Rohit Dhyani, learned Brief
Holder.
The Court made the following:
JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
The petitioners have filed the present writ
petition for seeking protection from the respondent
no. 4, Mr. Jaipal son of Mr. Deep Chand. According to
the petitioners, respondent no. 4 belongs to the
Scheduled Caste Community. Since he is an alcoholic,
he has been continuously assaulting the petitioners
physically, and has been torturing them mentally in
order to extract payments. On 26.12.2020, the
petitioners had filed a complaint before the S.H.O.
Police Station, Gangnahar, Roorkee, District Haridwar.
Despite the lodging of the written complaint, no FIR
has been lodged by the Police, and no police
protection has been provided to the petitioners. The
petitioners further claim that on 28.12.2020, they had
submitted a representation even before the Senior
Superintendent of Police, Haridwar. But even the said
representation has gone unheeded. Therefore, the
petitioners claim that despite the injuries caused to
them, in spite of their written complaint to the S.H.O.
of the concerned Police Station, and in spite of their
representation filed by them before the Senior
Superintendent of Police, Haridwar, no effective steps
have been taken by the Police to protect their lives,
liberty and property. Hence, the present petition
before this Court.
2. In number of cases this Court has noted the
fact that despite filing a written complaint before the
S.H.O, the S.H.O. refuse to register an FIR, even if a
cognizable offence is alleged against known and
unknown persons. Needless to say, it is the foremost
duty of S.H.O. to immediately register an FIR upon a
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complaint showing the commission of cognizable
offence by known or unknown persons. This duty
cannot be abdicated by the S.H.O. In case, S.H.O.
refuses to register an FIR, the Senior Superintendent
of Police is duty bound to take action against such an
erring S.H.O. However, there seems to be an extreme
lethargy on the part of police, firstly, in not
registering an FIR, and secondly, in not taking any
action against the erring S.H.O. Such an omissions on
the part of the Police undermines the faith of the
citizens in the Police Force; it also motivates anti-
social elements to play with the lives of the people.
3. Therefore, this Court directs both the Senior
Superintendent of Police, District Haridwar and the
S.H.O. of the Police Station, Kotwali Gangnahar
Roorkee, District Haridwar to appear before this Court
on 09.03.2021 and to explain their omissions in not
registering the FIR against the respondent no. 4, and
in not providing any police protection to the
petitioners.
4. Meanwhile, the Senior Superintendent of
Police, District Haridwar/respondent no. 2 is directed
to immediately provide Police protection to the
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petitioners not only against respondent no. 4, but also
against any of his henchmen.
4. List this case on 09.03.2021.
5. Let a certified copy of this order be issued
today itself on the payment of usual charges.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt:04th March, 2021
Pant/Neha
