Prayagraj, Mar 26 (PTI): The Allahabad High Court has taken serious note of lapses in the registration of a police case, noting that while the complaint mentioned rape, the FIR did not invoke relevant sections related to it.
The high court directed senior Uttar Pradesh Police and administrative officials to submit reports explaining the discrepancies and steps taken to address them.
Justice Tej Pratap Tiwari directed the director general of police (DGP), the principal secretary (home), and the senior superintendent of police (SSP), Bareilly, to file compliance reports and ensure corrective measures.
The court also asked the DGP and principal secretary (home) to develop a mechanism to sensitise police officials regarding proper FIR registration, and directed the SSP, Bareilly, to take action against erring officials.
The directions were issued in an order dated March 17, with the matter listed for further hearing in the week commencing April 27.
The observations came while hearing a petition filed by Shivam Singh seeking to quash a chargesheet dated April 17, 2024, and a cognisance order dated January 15, 2025 passed by a judicial magistrate in Bareilly.
The case was registered against him under Sections 498A (cruelty by husband or relatives) and 506 (criminal intimidation) of the IPC.
During the hearing, counsel for the petitioner argued that the FIR did not disclose any offence under the invoked sections and claimed that no valid marriage existed between the parties, rendering the allegations vague.
Opposing the plea, the state submitted that the petitioner had established physical relationship with the complainant “on the false promise of marriage and a government job”.
After hearing both sides, the court observed that the FIR and the victim’s statement prima facie indicated allegations of rape, but no such charge had been invoked, terming it a serious lapse.
The court further noted discrepancies between the written complaint and the FIR, raising concerns about the fairness of the investigation.
Citing the judgment in Ramesh Kumari vs State (NCT of Delhi), the court reiterated that registration of an FIR in cognisable offences is mandatory.
Exercising powers under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the court directed authorities to take necessary steps to address the issue. PTI COR RAJ KIS SKY
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