HC: Cops holding probe without FIR liable to pay compensation

The Punjab and Haryana High Court has made it clear that police officials conducting inquiries and re-inquiries without registering an FIR are liable to pay compensation to both the complainant and the accused. Justice NS Shekhawat observed that such inquiries were impermissible under the law and amounted to contempt.

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The directions came as the Bench directed Ambala Superintendent of Police to submit a comprehensive report detailing all inquiries conducted in the district without FIR registration. The report, to be submitted by way of a personal affidavit, was required to include the complainant’s name, date and receipt of the complaint, date of inquiry’s initiation, the number of inquiries conducted in each matter, their fate and the total number of investigations conducted in each case.

The Bench was hearing a petition filed through senior advocate RS Rai for quashing a complaint allegedly being inquired into by Economic Offences Wing. The Bench was told that the inquiry was not only being conducted illegally, the petitioner was also being forced to settle the dispute with the complainant. Moreover, a civil dispute was being investigated by the police, which was impermissible in law. Justice Shekhawat asserted the matters pertained to holding inquiry, re-inquiry and further inquiry in the complaints filed by various complainants without registration of the FIR.

“This court has repeatedly issued directions to the Haryana police not to conduct inquiries, re-inquiries and multiple inquiries without FIR registration. However, this case clearly shows that even in the matters relating to financial transactions, the inquiry is being conducted by the police and the notices have been issued to the persons, against whom allegations have been levelled by the complainant, which can never be permitted in law,” Justice Shekhawat observed.

The Bench added it was apparent that the inquiries were being conducted also in violation of the law laid down by the Supreme Court. It had deprecated the holding of inquiries by the police officers without FIR registration and had laid down guidelines in this regard in the Lalita Kumari case. As such, the inquiry officer’s conduct was on the verge of contempt.

“This court is of the view that the officials, who are conducting the inquiry illegally in the matter, are also liable to pay compensation to the complainant as well as the persons, who have been shown as accused in the present case in view of the law laid down by the Supreme Court,” the Bench asserted.