Asks cops not to dismiss such matters as a non-cognizable offence entry only.
Lovebirds elope leaving behind vexed parents, who run from pillar to post, pleading with police to take serious note of their complaint and start proper investigation. However, it will no longer be so, as the Gujarat high court has asked police to immediately lodge FIR on insistence by the girl’s parents.
Looking at the rising instances of such elopements and the seriousness of the matter, the court has come to the rescue of such tortured parents, asking police not to dismiss such complaints as non-cognizable offence entries (Janva Jog) only. A bench of Justice MR Shah and Justice SH Vora recently issued this important ruling while it heard the case of a girl who eloped with her boyfriend in Mehsana district. The girl’s father had filed a habeas corpus complaining that the police had not registered an FIR against his complaints and only made a formal entry.
Incidentally, even when the police produced the girl in court, she refused to go with her parents.
However, after the court intervention in the case, deputy inspector-general of police (law and maintenance) Raju Bhargav issued a circular asking police to lodge a complaint for cognizable offence in such cases under Section 154 CrPC. “When a complaint has been made before a particular police station concerned, making allegations regarding cognizable offences, the officer concerned of that police station is bound to register it as an FIR and investigate the matter. At this stage, the officer concerned cannot be satisfied only by registering the matter as a Janva Jog entry only,” the bench held, while disposing of the plea.
“Only after the complaint is registered as an FIR, is it required to be investigated. If during the course of investigation it is found that a case is made out, the investigating officer will have to submit charge-sheet before the magistrate concerned,” the bench further stated.
However, if in course of investigation it is found that no case has been made out, the investigating officer can submit an appropriate report before the magistrate who will consider the case then in accordance with law, the bench said.
Meanwhile, the state government also placed on record a recent circular issued by the DIG to all police commissioners and SPs that whenever any complaint is made with respect to cognizable offences, the police officer concerned is bound to treat it as an FIR.
According to the circular, a complainant can lodge complaint at the nearest police station and if it is found that the complaint pertains to case outside the police station’s jurisdiction, the officer is still required to register a complaint as Zero Number and then send it to the appropriate police station for further investigation.
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