It Would Amount to Dereliction of Duty: Jharkhand High Court Directs Police to Register FIR in Case of Brutal Assault on Petitioner
In a critical judgment that reiterates the importance of registering FIRs in cases involving cognizable offences, the Hon’ble Jharkhand High Court has mandated the immediate filing of an FIR in the case of Pooja Giri, who suffered brutal assault by police authorities.
Justice Sanjay Kumar Dwivedi, hearing the case, observed, “It is impermissible and it would also amount to dereliction of duty, upon the police officer who has not complied with the direction of the Hon’ble Supreme Court.”
The case revolved around the petitioner Pooja Giri, who had filed for an FIR to be registered regarding a brutal assault by In-charge of Sadar Police Station, Niranjan Tiwari. Despite clear evidence and a medical report confirming eight different injuries on the petitioner’s body, the police had failed to register an FIR.
Advocate Suraj Singh, representing the petitioner, argued that this was a violation of the Hon’ble Supreme Court’s ruling in Lalita Kumari v. Government of Uttar Pradesh, which mandates the registration of FIRs for cognizable offences.
The state counsel, Mr. P.C. Sinha, argued that the petitioner had alternative remedies available and that an FIR for the murder of the petitioner’s brother was already under investigation.
Rejecting the state’s arguments, the judge cited, “This is unfortunate that a citizen has been compelled to move before this Court under Article 226 of the Constitution of India for registration of the FIR.”
The Court directed the Director General of Police, State of Jharkhand, and the Superintendent of Police, West Singhbhum at Chaibasa, to register an FIR forthwith. It also instructed that Circular/SOP be issued to all Station House Officers to scrupulously follow the guidelines set in Lalita Kumari’s case.
The judgment serves as a timely reminder for police authorities to adhere strictly to the law, and it underscores the significance of the judiciary in upholding the rule of law.
Date of Decision: 07/15.09.2023
Pooja Giri vs The State of Jharkhand
