Gaurav Saini (Lawyer) 06 April 2014

Article 141 , 144 etc

In ref to : Lalita Kumari Vs State of U.P. & Ors (Writ Petition Criminal No. 68 of 2008 , Supreme Court of India) regarding F.I.Rs

In the stated Judgment of S.C. in Para 111(iv) , it is stated, " The Police Officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers....."

Questions -

1. What type of action against erring Police Officers is S.C. indicating at?

2. Can a contempt Petition lie at any forum (HC or SC) if a Police Officer doesnot register a F.I.R for a cognizable offence and doesnot even present a closure report of complaint? If yes, where does the contempt lie (SC or HC) , and in which form (Civil or Criminal)?

3. What are the remedies available against erring Police Official if "Ratio Decidendi" is not complied with in a Judgment which is applicable 'in rem'?

4. Any other comments.

NOTE - Please DO NOT discuss about 156(3)Cr.P.C. or remedies of Private Complaint etc. The questions are confined only to "Actions against erring Police Officials".

Warm regards,

Gaurav Saini

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2 Replies

Vikas Jain (Advocate) 07 April 2014

So here we go...

1. What type of action against erring Police Officers is S.C. indicating at?

Sec. 217 IPC:

Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

"Whoever , being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either descriptttion for a term which may extend to two years, or with fine, or with both.

PS: The onus lies on the Complainant, to co relate with his incident.

2. Can a contempt Petition lie at any forum (HC or SC) if a Police Officer does not register a F.I.R for a cognizable offences and does not even present a closure report of complaint? If yes, where does the contempt lie (SC or HC) , and in which form (Civil or Criminal)?

You have the Constitutional remedy to file a WRIT OF MANDAMUS for enforcing the duties of an Public Servant, under Art 226 227 , before Hon'ble HC or and Art 32 before Hon'ble SC.

3. What are the remedies available against erring Police Official if "Ratio Decidendi" is not complied with in a Judgment which is applicable 'in rem'?

Sec. 167 IPC: Public servant disobeying law, with intent to cause injury to any person.

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, in- tending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both'.

Sec.218 IPC:- Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either descriptttion for a term which may extend to three years, or with fine, or with both.

If the informer gives false report,. he is liable to be prosecuted u/s 182 or 211 IPC.

I hope this suffice your queries.

Good Luck