TEAM HERALD
teamherald@herald-goa.com
PANJIM: In the wake of Supreme Court directions last year, the Home Department has asked the Goa Police Department to compulsorily register First Information Report (FIR) if a complainant pertains to registration of a cognizable offence.
The notification released Thursday also empowers all police stations to prosecute persons who lodge false complaints or if an FIR is registered for malicious reasons.
“Registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of a cognisable offence and no preliminary inquiry is permissible in such a situation,” reads the notification.
Besides, the department is also directed to conduct preliminary enquiry within seven days even though information received does not disclose a cognizable offence but indicates the necessity for an inquiry. “If the inquiry discloses the commission of a cognizable offence, the FIR must be registered,” it adds.
“The Police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him, discloses a cognizable offence,” the notification explains.
“In cases where 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. It must disclose reasons in brief for closing the complaint and not proceeding further,” the notification adds.
According to SC directions, the category of cases in which preliminary inquiry may be made are in matrimonial disputes/family disputes, commercial offences, medical negligence cases, corruption cases. “As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case…”
The direction also includes that all information related to cognizable offences should reflect in the station diary at police stations,” the notification concludes.
