Strong action should be taken against police officers whimsically not registering FIRs: Orissa HC issues array of directions

The Orissa High Court recently ordered the Director General of Police, Odisha to ensure that strong action is prescribed against the erring police officers including the initiation of disciplinary proceedings against them for whimsically not registering First Information Reports after receiving complaints.

The bench of Justice SK Panigrahi issued an array of directions to the DGP regarding registration of FIRs in the State. The judge said, "It is often observed that some amount of institutional lethargy has crept into so many Police Stations of the State. Many Police Officers are refusing to register the F.I.R. whimsically or due to some externous circumstances".

The directions include:

• Whenever a person comes to the Police Station with a complaint, the Officer posted at the Police Station shall compulsorily receive the complaint and a photo copy of the said complaint shall also be given back to the complainant.
  
• 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.
  
• The concerned official must be courteous to the complainant and should furnish a pen and a paper to the complainant and a comfortable space to sit and write the complaint.
  
• 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.
  
• A copy (photo copy) of the FIR filed must be returned to the complainant.

Expressing disappointment over frequent cases of non-registration of FIRs by police officers, Court said, "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".

The order was passed in a criminal miscellaneous petition where the petitioner alleged that the Inspector-in-Charge (IIC), Astaranga police station in Puri district refused to register an FIR in May this year on petitioner's complaint. Thereafter, the petitioner filed a representation before the Superintendent of Police, Puri on May 29, 2022 which is still pending.

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