Karnataka High Court Directs DGP To Issue SOP To All SHOs For Compliance Of Lalitha Kumari Judgment On Registration Of FIR

The Karnataka High Court has directed the Director General of Police (DGP) to issue necessary circular/SOP to all (police) Station House Officers in respect of the directions issued in Lalita Kumari's case, regarding registration of FIRs when a cognizable offence is made out in the complaint and instruct them to follow it scrupulously.

A single judge bench of Justice Suraj Govindaraj sitting at Kalaburagi gave the direction while allowing the petition filed by one Vittal. He had approached the court stating that complaint made by him on November 18, 2022 against certain persons has not been registered as a FIR by the respondent-police and no action has been taken thereon.

It was alleged that there was an assault on the daughter-in-law of the petitioner/complainant, her cell phone was taken from her, she was abused and was threatened with death.

The bench on going through the complaint said, “It was required for the police officer to register an FIR when the complaint discloses a cognizable offence. The complaint having been filed on 18.11.2022 and FIR not having been registered till date is impermissible and would also amount to dereliction of duty.” Accordingly, it directed the police to register an FIR.

Noting that this is not a stray case and that there are many cases of the like nature which have come up before the Court, the bench said the principles laid down by the Apex Court in Lalitha Kumari's case have to be applied. It directed the DGP to issue the Circular/SOP both in English and Kannada, including the translation of para 120 (of the judgment) in Kannada. The SOP shall also indicate the nature of disciplinary proceedings that would be taken up, if not followed.

Further, the Direct General Police is also directed to forward a Kannada translated copy of the entire judgment to all Station House Officers, so that they are able to understand the judgement and what is expected of them in Kannada, if they are not able to understand the same in English.

Case Title: Vittal And The PSI of Bableshwar Police Station

Case No: Writ Petition No. 201668/2023

Citation No: 2023 LiveLaw (Kar) 294

Date of Order: 20-07-2023

Appearance: Advocate Ravichandra Jadhav and Prakash Jadhav for Petitioners; HCGP Maya T R for respondent. 

Click Here To Read Order