Once Non-Cognizable Report Is Registered, Police Can't Lodge FIR Based On Second Complaint Without Giving Reasons: Karnataka High Court

The Karnataka High Court quashed an FIR against a man for intimidating a woman, after noting that the FIR was registered on the basis of the second complaint and not on the basis of a Non Cognizable Report registered earlier. The petitioner had challenged an FIR for the offences punishable under IPC Sections 341(wrongful restraint), 427(mischief causing damage to property amounting to ₹50) , 504(intention insult with intent to provoke) and 506(criminal intimidation). The complainant alleged that the petitioner being the Junior Wireless Officer entered her chamber shouting against her. Immediately she called her other colleagues while the petitioner lifted a chair and threatened to smash her head. The complainant said that she started video recording the petitioner's behaviour who had criminally intimidated her. She alleged that he came close to her and snatched her mobile phone and damaged it. She approached the police which registered a Non Cognizable Report on the same day. Subsequently, respondent No.2 filed the first information on 15.09.2021, upon which the FIR came to be registered on the same day.Justice MG Uma noted that the FIR was registered after a lapse of 12 days from the date of the incident, on the basis of a second complaint by the complainant which was similar to her first complaint. "Even though, the final report came to be filed alleging commission of the offences punishable under Sections 341, 427, 504, and 506 of IPC, it is not made clear as to why the FIR came to be registered on the basis of the second complaint when initially the NCR came to be registered. Section 154(3) of Cr.P.C gives an option to the informant to send the subsistence of such information in writing and by post, to the Superintendent of Police, if the officer incharge of the Police Station refuses to record the information and investigate on the same. Admittedly, the said procedure was not followed by the informant".The court noted that though it was stated that the complainant had approached the National Commission for Women, no proceedings appeared to have been taken place before the Commission and the FIR was registered on the basis of the second complaint which was verbatim similar to the first compliant. The court observed that when an NCR is issued–meaning thereby that the offence alleged is classified as non-cognizable and such a report is filed, the procedure under Section 155 Cr.P.C(Information as to non-cognizable cases and investigation of such cases) is to be followed."Therefore, once NCR is registered, the Police Officer cannot proceed to register the FIR on the basis of a similar second complaint and proceed with the investigation without assigning any reason for such action. Under such circumstance, I am of the opinion that registration of FIR, ignoring the earlier NCR that was issued and initiation of investigation is in abuse of process of law," the court said. The court quashed the FIR and allowed the petition. Case title: RAMANA REDDY G V v/s STATE OF KARNATAKA and Anr. CRIMINAL PETITION NO. 6805 OF 2022 Click Here To Read/Download Order

Once Non-Cognizable Report Is Registered, Police Can't Lodge FIR Based On Second Complaint Without Giving Reasons: Karnataka High Court

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