8-month delay in FIR: HC for proceedings against 10 police officers

The Punjab and Haryana High Court has taken strong exception to the police sitting over a complaint for nearly eight months before registering an FIR. Holding the hiatus to be “in clear violation and derogation of the mandate of law,” the court made it clear that proceedings were required to be initiated against 10 Haryana police officers, including three IPS officers, who dealt with the complaint during the period.

The directions by Justice Sumeet Goel came in a case where the complainant alleged that he and his family were approached by two persons, including an MLA’s PA, after a raid was carried out at his residence by the Enforcement Directorate (ED) on January 23, 2024. They assured them that the ED proceedings would be dropped if they paid Rs 1 crore.

A counsel in one of the petitions contended: “The gravamen of the complaint is against Kulwant Singh, MLA, in whose presence the alleged discussion regarding settlement was initiated and at whose instance his PA (co-accused) has approached.”

The matter was placed before Justice Goel after the two accused sought anticipatory bail in the FIR registered on June 19 at Chandimandir police station for cheating, and another under Sections 406 and 420, IPC, on the basis of a complaint made to the police on October 23, 2024. “The factual milieu, indubitably, reflects that the complaint remained pending before the police authorities for a about eight months before culminating into FIR,” Justice Goel asserted.

“This court cannot turn Nelson’s eye to the malady of complaint remaining pending with the police officers for an inordinate time period of about eight months, especially in backdrop of judgment of the Supreme Court in case of Lalita Kumari and statutory mandate contained in BNSS, especially Section 175 thereof,” he said.

Referring to the list of police officials dealing with the matter, he excluded Panchkula’s present DCP Srishti Gupta after observing that she joined on June 4 and the FIR was registered within 15 days. The court then directed the high court Registry to “register a separate petition in this regard and place it before the Chief Justice for appropriate orders”.