Orissa High Court Halts Field Posting Of Police Officer Who Refused To Register FIR In Alleged Murder Case, Orders Sensitization Training

In a strong action against police inaction and institutional lethargy in registering First Information Report (FIR) in a case involving serious charge like murder, the Orissa High Court has directed 'sensitization training' for an Inspector-In-Charge (IIC) in State's Police Academy. It has also directed the Commissioner of Police, Bhubaneswar to desist from assigning any 'field posting' to the officer for the next one year. While condemning the acts of the said police officer, the Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi sternly observed, "The inaction shown by the police is deplored. If there is even a shred of truth in the allegations made herein, such infamy by the police deserves strong condemnation. The core mission of the police is to protect citizens from the undesirable elements of society. But if its actions were to leave the community more vulnerable to criminal victimization, it would undermine the popular confidence in law enforcement." The petitioner was an old parent alleging that her son was murdered and prayed that the investigation be assigned to Crime Branch or any other independent agency as the police refused to register her complaint, even though more than seven months have elapsed since the said killing. Thus, the Court had summoned the concerned IIC on 23rd of November, 2022. However, she could not offer any convincing explanation for the non-registration of the FIR despite the fact that the old parents of the deceased had approached to the said police station on multiple occasions. Therefore, the Court had ordered the Deputy Commissioner of Police (DCP) to look into the matter and submit a report in that regard within seven days. The DCP, in his letter dated 03.12.2022, submitted that neither the Receipt Register nor any other paper/records maintained at the said police station mentions any such report being filed by the petitioner. The Bench then observed, "In fact, it is a presumable fact that when complainant has been denied by the Police Officer to receive any complaint, it is but natural that there will be no trace of any receipt proof or record at the Police Station." The Court noted that surprisingly, after the petitioner approached the High Court, the police acknowledged the written complaint and registered the FIR on 24.11.2022. It was alleged that such inaction on the part of the police was intended to protect the accused, who is said to be a police officer. "This Court fails to fathom as to why the petitioner should be made to rush to the High Court for seeking an order from this Court to get the FIR registered, this itself smacks the insensitivities of the concerned police station", the Court said while expressing its dismay. Accordingly, the Commissioner of Police, Bhubaneswar was ordered not to assign the concerned officer any field posting for one year. Also, she was directed to be sent for sensitization training at the Biju Pattanaik State Police Academy, Bhubaneswar for one month. Before concluding, the Court ordered the DCP to personally monitor the investigation of the case and submit the Final Report within three months, Noteworthy to mention, the same Bench of Dr. Justice S.K. Panigrahi has recently come down heavily on police department for its frequent inactions to register FIRs in cognizable cases. It has issued instructions, for compulsory registration of FIRs, to the DGP, Odisha for their onward circulation to all the police stations. Justice Panigrahi, while passing order in another case of police lethargy, has recently asked the DGP to explore the possibilities to register e-FIRs in cases mostly concerning violence against women. Case Title: Bandhana Toppo v. State of Odisha & Ors. Case No.: CRLMP No. 2153 of 2022 Order Dated: 6th December 2022 Coram: Dr. S.K. Panigrahi, J. Counsel for the Petitioner: Mr. Shivasankar Mohanty, Advocate Counsel for the Respondents: Mr. D. Mund, Additional Govt. Advocate Citation: 2022 LiveLaw (Ori) 163Click Here To Read/Download Order

Orissa High Court Halts Field Posting Of Police Officer Who Refused To Register FIR In Alleged Murder Case, Orders Sensitization Training

Jyoti Prakash Dutta

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