HC pulls up police for 'leisurely' enquiries into complaints; questions Centre on 14-day norm

The Bombay High Court has pulled up the police for its ''utter disregard'' towards the provisions of law and for ''leisurely'' enquiries and has also questioned the Union government in this regard.

A bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale, in an order passed last week, said police was conducting preliminary enquiries into complaints for months together despite the law mandating that it has to be completed within a period of 14 days.

The court was hearing a petition filed by one Kundan Patil through his advocate Uday Warunjikar seeking direction to the police to register an FIR on his complaint submitted to the Kashimira police station in Mira Road near Mumbai in October.

The Kashimira police in its affidavit informed the court that an enquiry into the complaint was still going on.

As per the police, one complaint was lodged against the petitioner in August and enquiry was on in that complaint too.

The bench referred to section 173(3)(i) of Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers the police to conduct preliminary enquiry within a period of 14 days to ascertain whether there exists a prima facie case to proceed further in the matter.

The police conducts such enquiries for months together under the garb of preliminary enquiry though it is mandated in law that the same has to be conducted within a period of 14 days, the HC said.

The bench said the police was in ''utter disregard'' to the mandate of law.

''We regularly come across cases wherein police personnel are conducting preliminary enquiries leisurely as per their own whims and caprices,'' HC said.

Either the police is not aware of the fact that the government of India has enacted the BNSS in July 2024 or they are deliberately not following the mandatory provisions of law for reasons best known to them, the bench observed.

''We deem it appropriate to have the view of the Home Department, Government of India, as to whether provisions of BNSS is applicable to all police stations and if so, why it has not been followed strictly and sincerely,'' the court ordered.

The bench, while posting the matter for further hearing on December 19, directed the additional solicitor general to appear before the court on behalf of the Union government.

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