"Institutional Lethargy Has Crept Into Police Stations": Orissa High Court Issues Guidelines For Compulsory Registration Of FIRs

"It is essential that the police officer need to be sensitized for registering the FIR throughout the State when a complainant approaches the Police Station. It is further directed that strong action should be prescribed against the erring police officer including the initiation of disciplinary proceedings against them for whimsically not registering F.I.R."

Factual Background

The petitioner had approached the Inspector-in-Charge (IIC), Astaranga police station in Puri district on 04.05.2022 for registration of FIR against the accused persons and seeking appropriate investigation thereon. However, the IIC trivially refused to register the FIR. Aggrieved by such non-registration of FIR, the petitioner approached the Superintendent of Police, Puri, by way of a representation dated 29.05.2022. However, the said representation is still pending with him.

Counsel for the petitioner submitted that though he has handed over the said complaint copy to the said IIC, which has been duly received by him, but there is no endorsement or acknowledgement receipt or any stamp acknowledging the receipt to that effect by the police for which the petitioner is unable to show as to whether the copy the FIR has been received by the police station or not.

Court's Order

After perusing the materials on record and hearing the counsel, the Court observed that some amount of 'institutional lethargy' has crept in to so many police stations of the State. It also expressed resentment that many police officers are refusing to register F.I.R. whimsically or due to some extraneous circumstances. Therefore, in order to sensitise the police officers, the Court directed the DGP to issue the following instructions to all the police stations of the State:

"a) Whenever a person comes to the Police Station with a complaint, the Officer posted at the Police Station shall compulsorily receive the complaint and endorse the complaint by way of a receipt or by way of stamp acknowledging the said receipt at that Police Station with time and date. The Police Officer shall further insist a photo copy of the said complaint to be given back to the complainant.

b) While a prescribed format is not necessary, it is essential that the In-charge of the Police Station shall indicate the minimum information required to substantiate a complaint and shall suggest what supporting documents are relevant and can add weight to the complaint.

c) The concerned official must be courteous to the complainant who approaches to the Police station and furnish a pen and a paper to the complainant, on request.

d) The complainant may also be given a comfortable space to sit and write the complaint.

e) If the person is illiterate, the complaint must be dictated by the complainant to the officer-in-charge who shall reduce the same in writing and dictate it to the complainant before it is signed and stamped by the officer.

f) A copy (photo-copy) of the FIR filed must be returned to the complainant by the concerned officer free of cost."

The Court directed that the contents of the order be circulated to all the police stations of the State by way of instructions from the office of Director General of Police, Odisha within a period of fifteen days.

While concluding, Justice Panigrahi said that all the police officers, constabulary etc. need to be sensitized to be courteous to the public when they approach the police station and at least they should be offered a chair at the police station.

Case Title: JB v. State of Odisha & Ors.

Case No.: CRLMP No. 2331 of 2022

Order Dated: 5^th December 2022

Coram: Dr. S.K. Panigrahi, J.

Counsel for the Petitioner: Mr. Arjun Charan Behera, Advocate

Counsel for the State: Mr. Sailaza Nandan Das, Additional Standing Counsel

Citation: 2022 LiveLaw (Ori) 161