NEW DELHI, June 7: Irked over non-registration of an FIR for a year on a complaint of an elderly couple, a Delhi court has asked the city police chief to file a report giving details of legal provisions which bar an officer from lodging the FIR without prior approval from superiors.
Ordering registration of the FIR on the complaint of a 70-year-old man for offence of cheating against a property dealer and others, the court took serious objection to a report of a police officer that though he was convinced that a case was made out, but the FIR could not be lodged as an approval from the DCP concerned was awaited.
“There exists no provision in the Code of Criminal Procedure which mandates or even requires the approval of any officer or the DCP before registration of the FIR.
“If the cognisable offence is made out and the IO is of the opinion that an FIR ought to be registered, the police is bound to register an FIR,” Metropolitan Magistrate Amitabh Rawat said, adding he was pained to notice that a senior citizen has been subjected to harassment.
The court’s order came on a complaint of Uma Arora and her husband Santosh Arora, residents of East Delhi.
Rajive R Raj, lawyer for the couple, said the man was being “harassed” and made to run from pillar to post for past one-and-a half-year to get the FIR registered.
“I am of the opinion that it is fit case for registration of the FIR. However, I am at pain to observe that a senior citizen has been subjected to harassment despite the fact that the officer of the DCP, crime branch has forwarded the complaint of the present complainant on March 17, 2011 to the DCP, North East district.
“Despite the passage of more than one year, the police has not cared much to register the FIR if it so warranted,” the magistrate said.
“Let copy of this order be sent to Commissioner of Police, Delhi and also a report be called regarding statutory provisions which empowers the concerned DCP to give approval without which FIR cannot be registered even if the Investigating Officer is satisfied of the same for June 7, 2012,” the court said.
The couple, in the complaint, alleged that they were cheated by East Delhi residents, Ramesh Kumar Jhurkian, Bharat Singh Rawat, Hemlata Negi and K Gangadharan.
The accused conspired with each other and knowingly sold a flat to Aroras in 2005 despite the fact that it was already sold a year ago and was mortgaged with Standard Chartered Bank, the complaint said.
During the hearing, the investigating officer (IO) of the case had said that though a prima facie a case of cheating was made out against the accused but he had sent a letter to the Deputy Commissioner of Police (North-East) for his approval for registering FIR and after he receives a communication from the DCP, a case of cheating will be registered.
The court said seeking DCP’s sanction before registering a case was beyond the provisions of the law.
It also pulled up the police saying if the officers are of the view that a cognizable offence is made out and FIR is ought to be registered, they should first register the case and then investigate it.
The court directed the station house officer (SHO) of Seema Puri police station to register an FIR in the matter under relevant provisions of law and also made it clear that the officer need not to arrest the accused immediately.
The SHO should first investigate the case and arrest the accused only if the circumstances warrants, it said. (PTI)
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