POLICE OUGHT TO FILE FIR IN COGNIZABLE OFFENCES - KARNATAKA HC

The Dharwad Bench of the Karnataka High Court directed the Superintendent of Police of Uttara Kannada district to take suitable action against a police inspector for failing or not registering an FIR in a cognizable offence.

In this instant case, the petitioner's sister and her husband entered the petitioner's property with 30 gangsters and removed the standing areca nut crop from his property. The petitioner immediately called the Inspector of Police (the fourth respondent). However, no action was taken and neither the complaint was registered.

The petitioner then called 112, the police helpline and informed them that the police inspector failed to file an FIR. The Petitioner then approached the Deputy Superintendent of Police. The Superintendent directed the Inspector to take action. Given the same, the police inspector called the petitioner and his sister to come to the police station but did not register a complaint.

The petitioner approached the High Court arguing that his rights were violated as the respondent failed to register an FIR.

Justice Suraj Govindaraj observed that the conduct of the respondent violated the directions passed by the Top Court in Lalita Kumari. "Whenever any information is received regarding a cognizable offence, FIR is required to be registered by the person receiving information. If the enquiry discloses the commission of a cognizable offence an FIR must be registered."

Once information that discloses a cognizable offence is provided by any person to the police station or police helpline, an FIR needs to be registered by the police.