'Impermissible': High Court Seeks Haryana & Chandigarh DGPs Response On Police Inquiries Without FIR When No Cognizable Offence Made Out

The Punjab and Haryana High Court has sought district wise details from DGP Haryana and Chandigarh pertaining to enquiries conducted by various police officers in each complaint without registration of FIR.

Justice NS Shekhawat noted, "in the State of Haryana as well as Union Territory of Chandigarh also; in several cases, multiple inquiries are being conducted, without registration of the FIR. Even if the information provided by the complainant does not disclose commission of cognizable offence, still the police officials continue to hold enquiries at different levels, which is impermissible in law."

Previously, the Court had pulled up Punjab Police officers for initiating multiple enquiries against a man without registering any FIR, prima facie in contempt of the Supreme Court's directions in the Lalita Kumari case.

In Lalita Kumari Vs.Govt. Of U.P [(SC) 2013(4) RCR Criminal 979] it was held that registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence, no preliminary inquiry is permissible in such a situation.

In the present proceeding the Court noted that in pursuance of Court's direction the Punjab Government "has taken effective steps in checking the multiple inquiries, which were being conducted by the different police officials for the last several months in various districts of Punjab."

However the Court noted that in the State of Haryana as well as Union Territory of Chandigarh, "in several cases, multiple inquiries are being conducted, without registration of the FIR."

The Court directed to implead State of Haryana and U.T Chandigarh as respondents and issued notice.

The judge said that the details may be submitted district wise (in case of State of Haryana) and police station wise (in case of U.T Chandigarh) by way of their personal affidavits.

The matter is listed for May 18, for further consideration.

Title: Surinder Kumar & Ors. v. State of Punjab & Ors.