JUDGEMENT
-
(1.)Pursuant to our earlier direction, Sri Sukumar Mishra, presently posted as Circle Inspector, Sadar Balurghat, Uttar Dinajpur and the then Inspector-in-charge, Chanchal Police Station is personally present before this court. His presence is noted and dispensed with.
(2.)We have perused the hapless affidavit filed by the aforesaid police officer. It appears from the affidavit that the order of the Magistrate under Section 156(3) of the Code of Criminal Procedure was dispatched to Chanchal Police Station on 13th January, 2018. However, no steps were taken in the matter till 11th September, 2018. Explanation offered in the affidavit by the then Inspector-in-charge, Chanchal Police Station for such inaction is hopelessly vague and non-specific.
(3.)The aforesaid state of affairs disclose culpable negligence on the part of the law enforcement agency in compliance with the lawful order passed by the Magistrate under Section 156(3) of the Code of Criminal Procedure for registration of FIR for investigation of crimes including sex offences as in the present case. It is relevant to mention that lawful orders passed by the judicial authority are required to be scrupulously enforced by the police in terms of the statutory duty engrafted under Section 23 of the Police Act. That apart, failure to register FIRs for sex crimes attracts penal consequences under Section 166A of the Indian Penal Code.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.