Instruct police to present copy of FIR free, forthwith: HC to Tripura govt

The Excessive Court docket of Tripura has ordered the state’s Dwelling secretary to right away convene a gathering with the state Director Normal of Police (DGP), all Superintendents of Police (SPs), and the Inspector Normal (Regulation and Order) and situation an advisory inside six weeks to make sure that the Supreme Court docket’s orders on registering FIRs are adopted in each single police station of the state.

The order, handed by Justice Subhashish Talapatra on Might 25, was made accessible to the media on Saturday.

The HC order got here on a writ petition filed by one Subhash Paul of Madhupur village in Sepahijala district. Paul alleged that his rubber plantation was broken and he was assaulted on March 1 this 12 months.

Within the petition, he claimed that he had filed a criticism with the native police station however police declined to furnish him with a ‘obtained’ copy of the criticism. Additionally they allegedly declined to register an FIR, the petitioner talked about.

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In his order, Justice Talapatra mentioned that officers in-charge of police stations “shall be directed to provide a replica of the FIR, freed from price and forthwith… The secretary, Dwelling, Tripura, is additional directed to situation such advisory inside a interval of six weeks from the day the petitioner shall furnish a replica of this order.”

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Senior advocate Purushottam Roy Barman advised the media afterward Saturday, “The petitioner claimed he was suggested by police to ‘settle issues’ with the purported attackers by means of dialogue, which Paul claims concerned him paying Rs 5 lakh to the miscreants, failing which his rubber plantation could be gutted down and he could be killed. A case was later registered with the Excessive Court docket on March 3. Police registered an FIR three days later on the court docket’s directions.”

Advocate P Saha, who moved the case on behalf of the state authorities and Tripura Police, denied the allegations leveled by the petitioner and mentioned no criticism was obtained on March 2. He mentioned the criticism was obtained on March 6, and a case was registered the identical day.

In its order, the HC noticed that police didn’t furnish the explanation why the FIR was registered 5 days later and mentioned there are “traces to consider” that police obtained the criticism involved on March 2, if not the day earlier than, whereas the criticism was filed on March 6.

“..This type of observe by an officer-in-charge of the police station signifies his severe dereliction in discharging the duties or his performing on affect from the skin,” the court docket noticed in its order. “In each instances, truthful investigation turns into the casualty. It’s actually unlucky that the opposite respondents — comparable to respondent no. 3, the SP, Sepahijala, and respondent no. 2, the Director Normal of Police, Tripura — regardless of having constructive data how a police officer carried out himself didn’t take any motion for making certain truthful investigation.”

Citing the Latika Kumari case in Supreme Court docket, Justice Talapatra instructed the Dwelling Secretary to carry a high-level assembly, ideally with SPs of all districts, the I-G (Regulation and Order) and the DGP to formulate an advisory which must be despatched to all police stations. This, the court docket mentioned, must be noticed “in letter and spirit”.

Stating that the HC has been “observing” and “preserving excessive hopes” in a sequence of instances since 2015 that superior authorities of the police would pay heed and take correctional steps, the order mentioned, “…sadly, this has not occurred to this point”.

Within the Lalita Kumari vs Authorities of UP and others case, a bench led by then CJI P Sathasivam dominated on November 12, 2013 that registration of an FIR is obligatory below CrPC Part 154 if info obtained by the police discloses fee of a cognisable offence. The CJI wrote within the order, “The necessary situation which arises for consideration within the referred matter is whether or not “a police officer is certain to register a First Information Report (FIR) upon receiving any info referring to fee of a cognizable offence below Part 154 of the Code of Legal Process, 1973 (briefly ‘the Code’) or the police officer has the facility to conduct a “preliminary inquiry” to be able to take a look at the veracity of such info earlier than registering the identical?”

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