‘Moving High Court must be last resort in case of FIR delay’

The order is not only expected to free the High Courts of a spate of petitions in this regard, but also puts the onus on the police to register complaints promptly and subsequently issue an FIR or a closure report within six weeks as prescribed by the Supreme Court.

Justice PN Prakash who held an elaborate hearing , which also saw the participation of senior advocates as to whether this court can ordain the power of the Station House Officer (SHO), read the complaint and give a direction to either register or quash an FIR said, “If one judge reads a complaint and issues a direction to register an FIR and after a portfolio change, if the successor judge reads the same complaint and decides to quash it, the High Court will be a laughing stock in the eyes of the public.”

Relying on the Supreme Court judgment in this regard, the judge said if there is inaction on the SHO’s part and the Superintendent of Police, the complainant is at liberty to move the jurisdictional magistrate under Section 156(3) CrPC. 

Once the complaint is received, the magistrate should pass orders within 15 days. Even after this, if the police fail to register an FIR within a week, the magistrate shall prosecute the police officer. 

However, Justice Prakash also said that the court will not shut its door completely and deny access to justice. “This court will entertain an application under Section 482, CrPC if the police fail to follow the prescribed time table or not pay heed to the order passed by the magistrate.”