Hyderabad: The Hyderabad High Court has directed the DGPs of both TS and AP to direct all police officers in both the states to implement the law laid down by the Supreme Court in letter and spirit in registration of complaints in cognizable and non-cognizable offences.
Disposing of a petition by V. Mahindra and three others challenging the police not registering their complaint, Justice P.V. Sanjay Kumar said that in view of the judgment of the Supreme Court in Lalita Kumari versus government of Uttar Pradesh case, registration of a FIR was mandatory under Section 154 Cr PC, if the information discloses commission of a cognizable offence and no preliminary inquiry was permissible in such a situation.
He said that if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognizable offence was committed or not. The preliminary inquiry should be time-bound and in any case should not exceed seven days. The judge emphasised that the police officers are bound to follow the due procedure laid down in Section 155 Cr PC while conducting the inquiry.
Reiterating the Apex Court order, the judge said that in cases where the preliminary inquiry ends in closure of the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week disclosing the reasons in brief for closing the complaint.
Making it clear that a police officer cannot avoid his duty of registering a FIR if a cognizable offence is disclosed, the judge recalled that the Supreme Court held that action must be taken against erring officers who do not register an FIR after receiving information discloses a cognizable offence.
Bail denied to ACP Sanjeeva Rao
Justice Raja Elango of the Hyderabad High Court on Monday was disinclined to grant to bail to Kukatpally ACP N. Sanjeeva Rao, who was arrested by the ACB for allegedly amassing disproportionate assets. The police officer's counsel later withdrew the bail petition.
Counsel for the petitioner told the court that petitioner was in jail for the past ne month. ACB special public prosecutor V. Ravi Kiran Rao told the court that investigations were in progress and officials were examining the details of the police officer's landed properties in Warangal, Nalgonda, Medak, Ranga Reddy and Hyderabad districts. Mr Rao said releasing the cop would hamper the probe.
The judge said that accused in graft cases have to be under judicial custody for at least 45 days, so that the investigating agencies could verify their properties.
Counsel for the petitioner said that in many of the cases, the trail courts have been granting bail to public servants involved in graft cases after completion of 30 days judicial remand.
When the judge expressed his disinclination to grant bail, counsel for the petitioner requested permission to withdraw the plea. The judge allowed the request and declared the petition was dismissed as withdrawn.
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