'Sorry States Of Affair', High Court Seeks Punjab DGP's Response On Non-Registration Of FIR In 2012 Rape & Murder Case

The Punjab and Haryana High Court has sought an affidavit from the Director General of Punjab Police, over non-registration of FIR in a complaint lodged in 2012 alleging rape and murder of a woman.

Chief Justice Sheel Nagu said, "The present case discloses sorry state of affairs where instead of lodging an FIR based on the first information provided by the complainant...on 24.05.2012 in regard to an incident of rape and murder, the police embarked upon an illegal and unconstitutional inquiry to assess the veracity of the allegations."

The judge highlighted that the inquiry was conducted into the veracity of the allegations made in the FIR, statements of the relatives of complainant were recorded and after approval of the senior police officers, the matter was closed.

The Court further noted that the petitioner has yet again made another complaint in October before the Director General of Police, Punjab referring to the aforesaid incident of rape and murder in regard to which the first information was given in 2012 and also that the life, liberty and dignity of the petitioner is under threat.

"Section 154 Cr.P.C. (Section 173 of the BNSS, 2023) casts statutory obligation on the police to register an FIR without any unnecessary delay on receipt of an information regarding commission of cognizable offence(s)," observed the Court.

While listing the matter for December 09, the Court sought an affidavit from the DGP, explaining what action has been taken against the erring police officers and "as to whether the tendency of conducting preliminary inquiry to assess the veracity of allegations in the first information has been stopped or not and if not, then why."

Ms. Navneet Kaur Waraich, Advocate, for the petitioner.

Mr. Deepender Singh, Additional Advocate General, Punjab. Dr. Anmol Rattan Sidhu, Senior Advocate, with Mr. Pratham Sethi.

Title: SS v. State of Punjab and others