Court directs Delhi Police to register FIR in molestation case

  • | Monday | 26th February, 2024

Police must register an FIR whenever they receive information regarding the commission of a cognisable offence, a court here has observed while directing a Delhi Police official to investigate an alleged molestation. Metropolitan Magistrate Jyoti Nain was hearing a plea filed under Code of Criminal Procedure (CrPC) section 156(3) (power of magistrate to order investigation) against six people. The court noted that the complainant and her family were attacked by six people on May 13, 2022. According to the plea, one of the accused tore the complainants clothes and forced himself upon her, but she was saved when the neighbours intervened. Despite filing a complaint, no action was taken by the police, the court said, noting the plea. In an order passed on February 23, the court further noted that police filed an action-taken report (ATR) saying the molestation allegations were not levelled by the complainant. "FIR is a bundle of information for initiation of legal machinery. It is the duty of police officials to register an FIR whenever they receive information regarding the commission of cognisable offence," the court said. It said in the present case, a police investigation was required as prima facie commission of cognisable offences was disclosed. "There are allegations, which further necessitate the investigation by the police," the court said adding, "The Station House Officer (SHO) of Narela Industrial Area police station is directed to register an FIR against the alleged accused and to conduct the investigation in accordance with law." "This order shall not be treated as a direction to file a charge sheet against the alleged accused. The police shall be at liberty to file a cancellation report in case it finds that no offence has been committed by them," the court added.

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