Lalita Kumari Guidelines Not Followed Strictly In Punjab, Complaints Kept Pending To Extort Money: HC Directs DGP To Ensure FIRs Are Lodged Without Delay

Observing that in majority of the cases the police officials either hold inquiry in every complaint received or keep the complaint pending for several days, "just to extort money from the poor and innocent victims of crimes" in Punjab, the Punjab & Haryana High Court has directed the Director-General of Police (DGP) to ensure FIRs are registered without delay.

The Court noted that "it appears that the FIR is kept pending in various police stations" in Punjab and mandate of Lalita Kumari guidelines are not strictly followed.

It directed that in all complaints which are received with regard to commission of cognizable offences, the FIRs should be registered immediately, without any delay on any pretext.

Justice N.S. Shekhawat observed that, "As per Section 173 BNSS, inquiry may be held only in very exceptional cases to find out as to whether the offence is made out or not. Even it is directed that while checking the authenticity of the allegations leveled by the complainant, the persons named in the complaint should not be harassed."

These observations were made while hearing the protection plea, wherein the Court on previous proceeding had directed Senior Superintendent of Police and DGP, Punjab to ensure that in all the cases, where cognizable offences are made out, the FIRs are registered promptly, in view of the judgment passed by the Supreme Court in Lalita Kumari Vs. Government of U.P and others (2013).

In the present proceeding, the Court found that in Punjab's Ajnala Police Station 10 complaints received from various complainants are pending for the last more than 15 days and 20 complaints are pending in the Police Station for the last two weeks.

"It appears that the complaints are kept pending in various police stations in State of Punjab and the mandate of Hon'ble the Supreme Court is not being followed strictly," added the Court.

The judge noted that on earlier occasions also, the Court had taken serious view of the matter and had directed the DGP, Punjab to issue instructions to all the police officials in Punjab to ensure that FIRs are promptly registered in cases where cognizable offence is made out apparently from the perusal of the complaint itself.

"However, in majority of the cases, the police officials either hold inquiry in every complaint received in police stations or keep the complaint pending for several days, just to extort money from the poor and innocent victims of crimes in the State of Punjab," it added.

 In the present case, the Court noted that the occurrence had taken place on 25.09.2024, where a person was seriously injured and the FIR has been registered on 22.11.2024.

Consequently, the Court asked the SSP to remain present in the Court and "apprise the Court about the status of the complaints, which are pending in all police stations under his jurisdiction."

The judge also directed to send the copy of the present order to the DGP for compliance of the Section 173 BNSS and to ensure that where complaints are received with regard to commission of cognizable offences, the FIRs are registered immediately.

The matter is listed for December 05, for further consideration.

Title: Jaswant Singh v. State of Punjab & Ors.

Prateek Sodhi for the petitioner.

IPS Sabharwal, DAG Punjab.