# In action of Police in lodging firs in offences against Women v. State of U.P

- **Citation:** (2013) 3 ILRA 1356
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2013-02-16
- **Case number:** Criminal Misc. Writ (P.I.L) Petition No.9187 of 2013
- **Bench:** Shiva Kirti Singh, C.J. Vikram Nath
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/in-action-of-police-in-lodging-firs-in-offences-against-women-v-state-of-u-p-42702
- **Pages:** 3

## Headnote

Constitution of India, Art.-226- PIL-seeking
direction local police to lodge FIR-on
statement of victim recorded by Magistratewithin 24 hours-considering circular issued
by DGP-Police avoiding to lodge FIRdirection issued accordingly-to lodge FIR
promptly not belated than 24 hours from
recording statement by Magistrate-keeping
it open to send to concern police station for
investigation having territorial jurisdictionin case of default concern police officer shall
be
responsible
for
contempt-petition
disposed of.

Held: Para-5
In our considered view it is imperative
that in all the serious cases where the
victim is injured and his / her statement
has been recorded by a Magistrate /
Doctor then such statement or further
statement of that injured should be
recorded as FIR without any delay, in
any case within 24 hours of recording of
the statement. This alone shall ensure
that undue delay is not causing in
investigation and shall also subserve the
interest of justice.

## Text

1356 INDIAN LAW REPORTS ALLAHABAD SERIES
dead persons were cast and certain outsiders
have cast the votes. These are bald
allegations which are required to be proved
by documentary and oral evidence, which
stage has not arrived as yet.

18. This Court is of the opinion that
it was not a proper exercise to order
recount on the basis of bare allegations in
the election petition. The Court has gone
through the pleadings in the election
petition and is satisfied that the grounds
given in the election petition does not
justify recounting of the votes or allowing
inspection of the ballot papers at this
stage. The Election Tribunal committed a
manifest error in violating the secrecy of
the ballot papers and tinkering with it.

19. In the light of the aforesaid, the
impugned orders dated 7.2.2013 and order
dated 16.2.2013 cannot be sustained and
are quashed. The writ petition is allowed.

20. The Trial Court is directed to
decide the matter within six months.
--------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 16.09.2013

BEFORE
THE HON'BLE SHIVA KIRTI SINGH, C.J.
THE HON'BLE VIKRAM NATH, J.

Criminal Misc. Writ (P.I.L) Petition
No.9187 of 2013

In action of Police in lodging firs in
offences against Women
 ...Petitioner
Versus
State of U.P.

 ...Respondents

Counsel for the Petitioner:
By the Court Suo Moto
Counsel for the Respondents:
A.G.A.
Constitution of India, Art.-226- PIL-seeking
direction local police to lodge FIR-on
statement of victim recorded by Magistratewithin 24 hours-considering circular issued
by DGP-Police avoiding to lodge FIRdirection issued accordingly-to lodge FIR
promptly not belated than 24 hours from
recording statement by Magistrate-keeping
it open to send to concern police station for
investigation having territorial jurisdictionin case of default concern police officer shall
be
responsible
for
contempt-petition
disposed of.

Held: Para-5
In our considered view it is imperative
that in all the serious cases where the
victim is injured and his / her statement
has been recorded by a Magistrate /
Doctor then such statement or further
statement of that injured should be
recorded as FIR without any delay, in
any case within 24 hours of recording of
the statement. This alone shall ensure
that undue delay is not causing in
investigation and shall also subserve the
interest of justice.

(Delivered by Hon'ble Shiva Kirti Singh, C.J.)

1. Heard learned Government
Advocate, who has assisted the Court in
hearing of this matter, which has been
taken-up by the Court suo moto as Public
Interest Litigation vide order passed on
10th May, 2013.

2. On the last date learned Advocate
General assisted this Court in the matter and
placed before us an affidavit disclosing that a
DGP circular dated 22.05.2013 has already
been issued to take care of some of the issues
causing delay in lodging of FIR in serious
cases of burn etc. committed against women.
However the DGP circular does not contain
any direction to the police officials of the
nearest police station to record an FIR within
a reasonable time such as 24 hours time from
recording of the statement of the victim of a
3 All] In action of Police in lodging in Firs in offences against Women Vs. State of U.P.
1357
serious crime having sustained serious
injuries. Such statement, in case victim
subsequently dies is treated as dying
declaration and in case a victim recovers then
it can only be treated as FIR if the police has
taken timely steps to record it as such.

3. As it would appear from the facts
noticed by this Court in the order dated
10.05.2013, two female victims who were
seriously injured and were under going
treatment for their injuries in the hospital
gave their statements to the Magistrate
who was deputed by Chief Judicial
Magistrate to record such statement on the
prayer made by the police but yet the
police authorities did not take any steps to
record the FIR on the basis of the
statement of the victim. The delay of
several days results in looking for another
source or witness for the purpose of
lodging FIR. In our considered view it
amounts to unreasonable inaction on the
part of the concerned police official who
had knowledge about the injured victim
being admitted in the hospital for
treatment but yet chose to ignore to record
statement of the victim or to lodge FIR on
the basis of statement recorded by the
Magistrate as is done for purpose of
recording
dying
declaration.
The
importance of early recording of an FIR
has been highlighted by Apex Court in the
case of Apren Joseph alias Current
Kunjukunju and others Vs. The State
of Kerala reported in AIR 1973(1) SC 1
in the following words:-

11. Now first information report is a
report relating to the commission of an
offence given to the police and recorded by it
under Section 154, Cr.P.C. As observed by
the Privy Council in Emperor V. Khwaja, ILR
1945 Lah 1 = (AIR 1945 PC 18) the receipt
and recording of information report by the
police is not a condition precedent to the
setting in motion of a criminal investigation.
Nor does the statute provide that such
information report can only be made by an
eye witness. First information report under
S.154 is not even considered a substantive
piece of evidence. It can only be used to
corroborate or contradict the informant's
evidence in court. But this information when
recorded is the basis of the case set up by the
informant. It is very useful if recorded before
there is time and opportunity to embellish or
before the informant's memory fades. Undue
or unreasonable delay in lodging the F.I.R.,
therefore, inevitably gives rise to suspicion
which puts the court on guard to look for the
possible motive and the explanation for the
delay and consider its effect on the
trustworthiness
or
otherwise
of
the
prosecution version. In our opinion, no
duration of time in the abstract can be fixed as
reasonable for giving information of a crime
to the police, the question of reasonable time
being a matter for determination by the court
in each case. Mere delay in lodging the first
information report with the police is,
therefore, not necessarily, as a matter of law,
fatal to the prosecution. The effect of delay in
doing so in the light of the plausibility of the
explanation forthcoming for such delay
accordingly must fall for consideration on all
the facts and circumstances of a given case.

4. Learned Government Advocate has
submitted before us that there is no legal
impediment in the way of police of the
nearest police station in visiting the injured
victim and recording the statement which
may be treated as FIR under Section 154 of
the Code of Criminal Procedure. It is also the
duty of the police to know of the statement
specially when it is given by the victim in an
injured condition and to act on that basis if
cognizable offence is disclosed. For meeting
such legal obligation, the police officials of
1358 INDIAN LAW REPORTS ALLAHABAD SERIES
the nearest police station must, as part of
their duty to investigate a crime, find out the
contents of the statement recorded by the
Magistrate/ Doctor and if the victim becomes
unable to give further statement or dies then
such statement should be the basis for
drawing FIR without any undue delay.

5. In our considered view it is
imperative that in all the serious cases where
the victim is injured and his / her statement
has been recorded by a Magistrate / Doctor
then such statement or further statement of
that injured should be recorded as FIR
without any delay, in any case within 24
hours of recording of the statement. This
alone shall ensure that undue delay is not
causing in investigation and shall also
subserve the interest of justice.

6. It is not necessary to reiterate the
contents of earlier orders passed on 10th
May, 2013 and 7.8.2013. Those orders
shall be treated as part of this order.

7. This writ petition (PIL) is disposed
of with the direction to all concerned to
follow the DGP Circular dated 22.05.2013
which contains valuable directions to ensure
that investigation is carried out properly by
recording the statement of Doctor and
Magistrate who are present at the time of
recording of the statement of the victim. The
concerned officials shall also follow the
directions of this Court given above and in
compliance of this direction the Director
General of Police, U.P. shall issue a circular
in addition to the earlier circular forthwith
and in any case within a week. The officials
of the nearest police station shall not cause
any delay in lodging of the FIR and on that
basis they shall inform the police officials of
the concerned police station where the crime
took place, after recording the FIR in the
manner indicated above within 24 hours time
limit. The FIR may be sent thereafter to the
police station having jurisdiction of the
crime. The circular of the Director General of
Police
must
contain
stipulation
of
disciplinary action. Further if such directions
are violated by any particular delinquent
police official then such an action will
amount to contempt of this Court.

8. Writ Petition is disposed of
accordingly.

9. Let a copy of this order be furnished
to the learned Government Advocate for
communication and compliance to all
concerned.
--------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 25.09.2013

BEFORE
THE HON'BLE SUDHIR AGARWAL, J.

Civil Misc. Writ Petition No.27960 of 2010

Brijesh Chandra and Ors. ...Petitioner
Versus
State of U.P. and Ors.
 ...Respondents

Counsel for the Petitioner:
Sri Vijay Gautam

Counsel for the Respondents:
C.S.C.

Constitution of India, Art.-226-Recovery of
excess
amount-incentive
allowance-G.O.
dated 28.11.2007 provides 25% of basic pay
with maximum financial limit of Rs. 2500,
2000 and 1000 to S.P. , S.I., Constable and
Head Constables-working in intelligence
department-admittedly
before
passing
impugned order no opportunity of hearing
given-nor petitioner are guilty of fraud or
misrepresentation or instrumental in getting
excess-amount-held-can not be recoveredrecovery quashed with direction to pass
order considering their status of promotional