Summary
The appellant, a 17-year-old injured during the 2023 Akola communal riots who claimed to be an eyewitness to a murder, complained that the police never registered an FIR on the assault on him. Holding that the police, once informed of the medico-legal case, were bound under Section 154 CrPC to register the cognizable offence, and that the Superintendent of Police failed to act on his written complaint under Section 154(3), the Court set aside the High Court's dismissal and directed a special investigation team and disciplinary action.
Issues
- Whether the police were under a duty to register an FIR on the assault upon the appellant once they had received information of the medico-legal case, irrespective of any complaint by him or his relatives.
- Whether the Superintendent of Police discharged his obligation under Section 154(3) CrPC on receiving the appellant's written complaint.
- Whether the High Court was right in declining relief under Article 226 on the ground of delay, the filing of a chargesheet in the murder case, and an alleged ulterior motive of the appellant.
Provisions considered
- Section 154(1), Code of Criminal Procedure, 1973Read with Lalita Kumari, the Court held that once information disclosing a cognizable offence reaches the officer in charge, registration of an FIR is mandatory; the officer's failure to act on the medico-legal case intimation and record the appellant's statement was total dereliction of duty. (¶¶ 15, 16, 18)
- Section 154(3), Code of Criminal Procedure, 1973On receiving the written substance of the information, the Superintendent of Police must satisfy himself whether it discloses a cognizable offence and investigate or direct investigation; there was no explanation that the SP even enquired into the appellant's complaint of 01.06.2023. (¶¶ 15, 20, 21)
- Section 173(3), Bharatiya Nagarik Suraksha Sanhita, 2023Noted, through the decision in Imran Pratapgadhi, as a departure permitting preliminary inquiry for certain offences; the Court observed that Section 154 CrPC, which then held the field, governed this case. (¶¶ 17, 18)
- Sections 324, 325 and 326, Indian Penal Code, 1860The Court observed that the head injury requiring hospitalisation would at the very least constitute one of these cognizable offences, calling for prompt police action. (¶ 19)
Held
- When information disclosing a cognizable offence is given to the officer in charge of a police station, the investigative machinery must be set in motion and registration of an FIR is mandatory; the police cannot wait for the victim or his relatives to pursue them. (¶¶ 14, 15, 16)
- Here the police station was informed in the early hours of 14.05.2023 of the appellant's admission to hospital in an injured condition during the riots; the failure to follow up, record his statement at the earliest opportunity and register an FIR was total dereliction of duty, whether deliberate or careless. (¶¶ 13, 14, 18, 19, 23)
- The Superintendent of Police, who did not deny receiving the written complaint, offered no explanation of any enquiry into it as Section 154(3) requires, which was a matter of great concern. (¶¶ 20, 21)
- The High Court erred in attributing motives to the appellant on the strength of the police inspector's affidavit; the truth of his allegations, including his claim to identify one assailant and that the deceased was attacked under a mistaken belief about his religion, was for the police to ascertain by proper investigation. (¶¶ 9, 15, 22)
- Police officers in uniform must shed personal predilections and biases, religious, racial, caste-based or otherwise, and discharge their duty with complete integrity. (¶ 23)
Result
Appeal allowed. The Secretary, Home Ministry, Government of Maharashtra directed to constitute a special investigation team of senior officers drawn from both Hindu and Muslim communities to register an FIR on the assault and investigate all the appellant's allegations, to initiate disciplinary action against erring officials and to sensitise the police force; the SIT report to be placed before the Court within three months.