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Failure to register FIR by police

In C. R. M. 4792 of 2019, Abdul Khaleque vs State Of West Bengal, taking strong exception to the failure of the then Inspector-In-Charge of a police station to register an FIR even after an order of the Magistrate under Section 156(3) of the Code of Criminal Procedure, the Calcutta High Court observed that where the judicial authority issues direction for registration of FIR under Section 156(3) of the Code of Criminal Procedure, requirement to hold preliminary enquiry is obviated and it is the mandate of law that such FIR must be promptly registered. Failure to do so constitutes a constitutional tort arising out of breach of the fundamental right of access to justice for victims of crime.

In Lalita Kumari vs. Government of Uttar Pradesh & Ors. reported in (2014) 2 SCC 1 a Constitution Bench of the Apex Court held that prompt registration of FIR is imperative for the following reasons:-
97.1. (a) It is the first step to “access to justice” for a victim.
97.2. (b) It upholds the “rule of law” inasmuch as the ordinary person brings
forth the commission of a cognizable crime in the knowledge of the State.
97.3. (c) It also facilitates swift investigation and sometimes even prevention of the crime. In both cases, it only effectuates the regime of law.
97.4. (d) It leads to less manipulation in criminal cases and lessens incidents of “antedated” FIR or deliberately delayed FIR.

In order to ensure that such breaches of statutory duty do not occur in future and the constitutional obligation to ‘uphold rule of law’ by promptly registering FIRs pursuant to directions given by learned Magistrates under Section 156(3) of the Code of Criminal Procedure are effectively  enforced, we direct as follows:-

1) order under Section 156(3) of the Code of Criminal Procedure passed by the learned Magistrate directing registration of FIR shall be positively dispatched from the court concerned to the appropriate police station on the day on which such order is passed and FIR shall be drawn up at the police station and not later than 24 hours from the date of receipt of such order;
2) Failure to do so shall attract disciplinary proceedings and also penal consequences under Section 166B of the Indian Penal Code particularly in sex offences;
3) Principal Secretary (Home), Government of West Bengal and Director General of Police, West Bengal shall take immediate steps to incorporate the aforesaid directions in the police regulations so that the discharge of official duties of police officers in the State of West Bengal are accordingly, regulated and the fundamental right to access to justice of victims of crime is not rendered illusory by gross dereliction of official duty by law enforcement agencies as in the present case.

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