Case title:
Rafikul Mondal vs The State of Assam and 6 Ors
Date of Order:
16.06.2023
Bench:
Chief Justice Devashis Baruah
Parties:
Petitioner - Rafikul Mondal
Respondents - State of Assam
SUBJECT
FIR stands for First Information Report. It is a written document prepared by the Indian police when they receive information about the commission of a cognizable offense. The FIR is a vital document as it sets the criminal justice process in motion. The FIR contains details such as the date, time, and place of the offense, the identity of the victim and the accused, and a summary of the incident. The FIR needs to be filed as soon as possible after the offense is committed.
OVERVIEW
- The case at hand is related to Baser Ali's killing and the FIR filed in response to it.
- Mr. D. Mozumde, the learned Additional Advocate General, Assam has placed on record the compliance report, which indicates that the further investigation of the case has been transferred to the Additional Superintendent of Police, CID, Assam.
- The preliminary inquiry into the conduct of the officers concerned was initiated under the supervision of the Director General of Police.
- The officers concerned, including the Superintendent of Police, Dhubri, have been transferred since then.
JUDGEMENT ANALYSIS
- The Gauhati bench observed that Bilasipara Police Station, namely, Shri Manash Jyoti Saikia, Sub-Inspector, and Shri Jyotirmoy Gayan, Officer-in-Charge created a post-investigation FIR despite there already existing 2 other FIRs.
- In the court's view, the subsequent FIRs were filed to justify the arrest of Rokiya Khatun which is against the principles of criminal jurisprudence.
- The court directed the Enquiry Officer and the Investigating Officers to conduct further proceedings swiftly and speedily.
CONCLUSION
FIR, which stands for First Information Report, is an essential aspect of the criminal justice system. It is the initial document registered with the police department regarding the criminal offense committed. The FIR plays a crucial role as it serves as the foundation for the entire investigation. Delay in filing the FIR can hamper the investigation, and it can be challenging to gather evidence and identify the accused. The Supreme Court in this case reiterated that filing of Post Investigation FIRs, while negating the previously registered ones is a procedure alien to the criminal jurisprudence. This is held due to the fact that such a report could have been filed for perverse motives that are not acceptable before the eyes of the law.
