Lucknow: Allahabad High Court has set aside a special court order, directing registration of an FIR against a sub-inspector, a constable and about 20 other police personnel in Maharajganj, holding that the lower court failed to properly examine police records and statutory safeguards before ordering criminal action.
The case stemmed from a complaint filed by Sheela and Anju of Basantpur village, who alleged that after a clash linked to a land and financial dispute on June 6 police entered their home during the night, misbehaved with women family members and made caste-based remarks. Acting on their plea, the special judge on Aug 11 directed the Ghughuli SHO to register an FIR. The HC noted that two cross-cases had been registered over the June 6 incident and that SI Yadav was the investigating officer in both matters. Justice Rai stressed that sections 175(3) and 175(4) of the BNSS require courts to consider affidavits, police reports, conduct necessary inquiries and obtain comments from superior officers when complaints are made against public servants for acts connected with official duties.
Calling the lower court order a case of “non-application of judicial mind”, the HC issued detailed guidelines to judicial officers across UP, directing them to pass reasoned orders and carefully examine records before ordering investigations, especially in cases involving public servants. The judgment has been ordered to be circulated among judicial officers, district administrations and senior police officials across the state. Justice Santosh Rai, while allowing an appeal filed by SI Rakesh Kumar Yadav, observed that the special judge (SC/ST Act), Maharajganj, had not adequately complied with provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), governing requests for FIR registration, particularly in cases involving public servants performing official duties. They claimed their representation to the SP went unanswered, prompting them to approach the special court. General diary entries showed police had responded to information regarding a cognisable offence and were performing law-and-order duties.
The police personnel challenged the order before the HC.