The Hindu : New Delhi News : Apex court fiat to States on registration of FIRs

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Friday, Jul 27, 2007
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Apex court fiat to States on registration of FIRs

Legal Correspondent

“Police officers are bound to register FIR, but they don’t do that”

New Delhi: Taking serious view of the non-registration of First Information Report (FIR) when complaints are lodged, the Supreme Court on Tuesday asked the States to issue instructions to the police to register an FIR on receipt of a complaint, failing which the police officer concerned would be suspended.

A Bench of Justice B. N. Agrawal and Justice P. P. Naolekar observed: “Non-registration of FIR is happening in the country. It is a sorry state of affairs where police officers are totally corrupt. They don’t register FIR. They are bound to register FIR, but they don’t do that.”

The Bench was dismissing, at the admission stage, a special leave petition filed by S. Vandana against a Madras High Court order, directing Chennai Police Commissioner to register an FIR against Ms. Vandana on a complaint of “trespass” filed by T. Krishanamachari, father of actor T. Srikanth. The Bench told counsel K. K. Mani: “The Chennai police have no business to refuse registration of FIR. There is no justification for them to verify and investigate the complaint before registration of FIR. They have no business to undertake such an investigation and under what law they can do that?” When counsel said that the High Court could not direct registration of FIR exercising its jurisdiction under Section 482 Cr.P.C., the Bench said: “If police don’t register FIR, what else the High Court can do? If police don’t register FIR, it is dereliction of duty and such police officers should be suspended.”

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