'Bhago Police Aa Gayi; Haye Goli Lag Gayi': Allahabad High Court Again Slams UP Police Over 'Movie Script' FIR

Hearing a writ petition challenging an FIR lodged under the UP Prevention of Cow Slaughter Act, the Court observed that state police personnel appear to be relying on a standard, highly exaggerated script to file criminal cases "left and right".

It may be noted that this is the second such order in recent days, in which the High Court rapped the Uttar Pradesh Police for lodging FIRs containing purported Hindi movie dialogues.

Read more about the previous order: 'Tum Log Police Se Ghir Chuke Ho': Why Allahabad High Court Equated This UP Police FIR With A 'Movie Script'

In the present case, perusing the FIR lodged in District Hardoi, a bench of Justice Abdul Moin and Justice Babita Rani took note of several dramatic allegations and the turn of events.

For context, according to the FIR, an informer had tipped off the complainant/SHO about an impending cow slaughter at a semi-constructed house. As the police party approached the spot, the Court noted that, according to the FIR, they were allegedly met with cinematic dialogues.

The bench noted that the FIR claims someone yelled, "police aa gayi hai bhago" (the police has arrived, run), followed by another person shouting, "police wale bina mare peecha nahi chodege" (the police won't leave us without killing us).

The bench further noted that the FIR states that a bullet fired at a Sub-Inspector missed him narrowly, so much so that the FIR recorded "kan ke pass se sann se goli nikal kar gayi" (the bullet whizzed past the ear).

As per the FIR, in retaliation, when the SHO fired from his service revolver, an accused allegedly screamed, "haye goli lag gayi" (oh, I have been shot).

In this case, the injured accused (one Edu) allegedly confessed to bringing cow progeny for slaughter. He further named the petitioner (Aleem) as an accomplice who had fled the scene.

Importantly, the Court also took exception to the police's action of handing over the recovered cow progeny to a private individual residing at a substantial distance from the place of occurrence.

The bench questioned the rationale behind this action, as it remarked thus: "It is not understood as to why the said progeny of the cow has been handed over to a private individual and under which provision of law".

Furthermore, the State's counsel admitted, from the records, that no separate recovery memo for the cow progeny was ever prepared.

On merits of the case, the Court observed that since the actual slaughter of the cow progeny was still to take place, prima facie none of the offences under Sections 3/5/8 of the Cow Slaughter Act as well as the offences under the BNS or Arms Act were made out against the petitioner.

Regarding the purported movie dialogues mentioned in the FIR, the Court noted that this was not an isolated incident. The HC referred to its recent order in which it found various blatant incongruities in the FIR, reflecting a "patent abuse of law" at the behest of the Police authorities.

Drawing parallels between the two matters, the Court remarked thus:

"…this prima facie leads to the irresistible conclusion that the police personnel are either having a script in front of them and they are adopting it with a few minor changes here and there or else something is seriously wrong with the police personnel wherein such FIRs are being lodged left and right which appear to be borrowing the words from movie scripts. We need not say anything more at this stage".

Consequently, the Court directed the Senior Superintendent of Police, Hardoi, to file his personal affidavit indicating the aforesaid infirmities and incongruities within three weeks.

In case the said personal affidavit is not filed, the SP concerned has been ordered to appear in person along with the record to assist the Court on the next date of listing.

The Bench also granted relief to the petitioner and directed that till the next date of listing, no coercive action shall be taken against him.