DELAY IN FIR CAN LEAD TO SUSPENSION OF SHO

The latterly case of horrifying gang-rape and murder of a young doctor in Hyderabad is one such appalling example where the police personnel delayed in filing the FIR. As the protest over the barbaric crime range on the Telangana Police continued three police personnel were suspended for delay in filing the FIR. Delay in filing the FIR typically exposes the lackluster attitude of SHO’s and held them accountable for the delayed action in the case.

To one’s utter shock and disbelief, in the Rewari gang-rape case, one such SHO who was responsible for delayed action in the case was found to be part of the probe.

Another horrifying case was one where an SHO misused his official position and forced a man to get his leg massaged who had gone to file a complaint. This was not only a delay in filing the complaint but also abuse of duty as police personnel.

It may sound funny and unbelievable to one for police taking bribes in cash or kind before filing FIR.

In many cases it has been observed that the common issue alleged by thevictim’s families, relatives or neighbors is that the police actually delays in filing the FIR on the night or at the time when the crime bedevils. Consequently, it leads to suspension of the respective SHO’s (Station house officers) who participate in filing the complaints. The suspension continues till further orders for dereliction of their duties. However, in many cases such officers are not found to be at false sight and conveniently gets immunity from such suspension. By doing such act the SHO’s are counted no less than the perpetrators and are considered to be equally responsible for the occurrence of such crime.

The major reason given by the SHO’s for delaying or not filing the complaint is that the jurisdiction where the crime occurs does not fall within the jurisdiction of the concerned police station where the complaint of the crime is reported. This irresponsible behavior on part of SHO’s leads to quite a delay in providing justice to the victim and becomes a question of judicial concern. Judiciary needs to be sensitized and take such issues, which are considered to be of least importance, on priority basis.

In case crime being reported to police is cognizable, the police is duty-bound to register FIR. In case police refuses to register the cognizable offence into an FIR and refuse to investigate, the complainant then holds certain remedies with him. Firstly, the complainant may complain to higher officials, Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) who can either investigate themselves or instruct other officials to do so. Secondly, if the SP or DCP fails to register the complaint and take any action on the same, then one can file thecomplaint or a petition under 156(3) of the Cr.P.C for directions to register FIR before the Metropolitan Magistrate. And thirdly, in case where the MM fails to register the complaint or pass directions for registration of FIR then one may file the complaint in High Court. The acknowledgment receipt of one’s complaint given to the police acts as a proof of complaint being pursued with the police.

Thus, any unreasonable delay in filing the FIR results in creation of a suspicion which further puts the court on guard to look for all the possible reasons as well as motives for such delay and to take action keeping in mind the interests of the victims so concerned.

Rest for case specific advice one can be in touch with best/top/expert Criminal Lawyer Advocate in Chandigarh Panchkula Mohali District & Sessions Court or Punjab Haryana High Court.

This post is written by Yashika Kapoor. For more info, dial 99888-17966.