Telangana high court pulls up police for not filing FIR

Hyderabad: The Telangana High Court expressed anguish on Friday over the TS police authorities not registering an FIR against a police officer who is facing allegations of torturing a person in the police station.

Justice Sanjay Kumar was dealing with a contempt case filed by P. Ravinder Reddy of Ranga Reddy district who lodged a complaint with the police commissioner charging the station house officer of Maheswaram police station of torturing him in a civil dispute.

He brought to the notice of the court that the Rachakonda police commissioner violated the High Court order in 2015 which directed the police to act in accordance with receiving complaints and take action, following the judgment of the constitutional bench of the Supreme Court in the Lalitha Kumari Vs government of Uttar Pradesh case where the apex court laid clear guidelines for police to follow in respect of registering FIRs. He submitted that despite the evidence available to take action against the said police officer, the CP had not initiated any action.

Justice Sanjay Kumar observed that police had no discretion left with them in matters of registering FIRs.

“If the complainant discloses the commission of a cognisable offense, police had to register an FIR and no preliminary inquiry is required. In cases where a complainant does not disclose a cognisable offence then police can conduct a preliminary probe and register an FIR if they find any evidence,” the judge said.

He stated that police has to mention the reasons if it closes a complaint without registering a FIR, saying that a preliminary inquiry discloses that there is no case in the complaint.

He also reiterated that the police is given only seven days from the time a person makes a complaint. The lapse of three years in this made the court concerned, and on the request of the government counsel, it gave one week’s time to police to take action and inform the court.