Answering the above question the
Calcutta High Court observed “ that in those cases where order for registration
of FIR is given by the court the police officer has no any option other than to
register the FIR and preliminary enquiry as mentioned in case of Lalita Kumari
cannot be done and not registering FIR in cases of sexual offences as mentioned
in section 154 Cr.P.C. involves penal
action too” This is the statutory duty
of police under section 23 of the Police Act to follow the orders of the Court.
The Court observed:- In order to ensure that such
breaches of statutory duty do not occur in future and the constitutional
obligation to ‘uphold rule of law’ by promptly registering FIRs pursuant to
directions given by learned Magistrates under Section 156(3) of the Code of Criminal
Procedure are effectively enforced, we direct as follows:-
1) order
under Section 156(3) of the Code of Criminal Procedure passed by the learned
Magistrate directing registration of FIR shall be positively dispatched from
the court concerned to the appropriate police station on the day on which such
order is passed and FIR shall be drawn up at the police station and not later
than 24 hours from the date of receipt of such order;
2)
Failure to do so shall attract disciplinary proceedings and also penal
consequences under Section 166B of the Indian Penal Code particularly in sex
offences;
3)
Principal Secretary (Home), Government of West Bengal and Director General of
Police, West Bengal shall take immediate steps to incorporate the aforesaid
directions in the police regulations so that the discharge of official duties
of police officers in the State of West Bengal are accordingly, regulated and
the fundamental right to access to justice of victims of crime is not rendered
illusory by gross dereliction of official duty by law enforcement agencies as
in the present case.
Report
with regard to compliance of the aforesaid directions shall be filed by the
Principal Secretary (Home), Government of West Bengal and Director General of
Police, West Bengal on the next date of hearing. Department is directed to
communicate a copy of this order to the Principal Secretary (Home), Government
of West Bengal and Director General of Police, West Bengal for necessary
compliance. ( Abdul Khalik vs State of
W.B., Cri Mis 4792/2019 decided on 17/07/2019)
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