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' NO.DGP/23/54/F1R/283/2012

Mumbai, Dated 26/09/2012

PGP's Standing Order No: 20/2012

Ref: 1)DGP/2 3 /5 4 /c rim e /2001,

2)D G P/23/54/FlR /954/08,

d t 3 /1 0 /2 0 0 1

dt 16/08/2008

3)D G P/23/66/w rit petition/2010, dt 15/10/2010

4)DGP/2 3 /5 4 /FIR/283/2012, dt 17/02/2012

5)Hon High Court order dt 3 0 /0 1 /2 0 1 2 in Cr Writ Petition 112/2012

Sub: Prompt registration of complaint

Despite repeated instm ctions, circulars and Court directives, it is seen th at the process of registration of FIRs is neither sm ooth nor prompt: nor free. Some instances have come to notice where unit com m anders have instructed th at registration of case would happen only after prior consultation with senior officers.

2.

as Numerous court decisions have reiterated the legal position yet instances of refusal to register cases keep coming to light leading to increasing number of

writs being filed on such refusals.

violation of the law of the

Such

instructions

and

non

land

registration

laid

of

cognizable

vide

Sec

crime are gross

of the

Cr.P C.

down

154

3.(a) At times non-registration is attributed to the com plaint being of civil nature which was being converted into that of a criminal nature. In this regard attention is invited to the directions of the Hon Suprem e Court (full bench judgm ent: Sandeep Rammilan Shukla & others vs State of Mah, 2008,ALL MR (Cr)3486) wherein a period of 48 hrs is allowed for m aking preliminary

enquiries for arriving at a conclusion regarding the n ature

of the complaint.

(b) It is hereby directed th at in case of bona fide reasons, the procedure as laid

down above be followed, adhering strictly to the time-limit.

(c) While m aking such enquiries, appropriate Station Diary entry m ust invariably be made.

(d) Needless

complaint is criminal in nature.

to say, a crim inal case be registered if the enquiry concludes th at

(e) Where the com plaint is of Civil nature, the sam e be recorded both in the enquiry report and in the Station Diary

(f) The com plainant m u st be informed in writing or given a copy of the FIR depending on the conclusion arrived at,

4. However, where the com plaint m akes a criminal

prelim inary enquiry should be resorted to; instead a FIR be recorded ab initio.

nature patently clear, no

5. Non-registration of cases on the pretest of jurisdiction m ust be stopped, instead action as laid down m u st be followed w ithout delay.

6. Instances of the police m eddling in m atters which fall entirely in the civil

domain including property m atters and even custody of child, are on the increase. This h as been adversely noticed by the courts also. Such police intervention m ust stop and prom pt action taken when noticed.

7.

t»A in the registration of com plaints. They should also m onitor and verify the status

All Unit Com m anders are once again directed to ensure prom pt legal action

on the ground regarding this.

8. These instructions should be dissem inated

reiterated

officers and

explain, so th a t they are clearly understood by all.

to all subordinate form ations and

by all supervisory

to the

also

during

the

Cr Conferences

SHOs m ust

read

and

visits

all

P Stns

over to

staff a t daily parades

and

All Cornmrs. of Police (Including Rly.) All Supdts. of Police (Including Rly.)

(Sanjeev Dayal)

Director G eneral of Police,MS

Copy to, Addl. Director General of Police, C.I.D., M.S., Pune.

Addl.

All Range Spl. Inspector General of Police.

Director General

of Police, R ly ., M.S,.Mumbai.

Copy to. Desk Officer.

Desk No. 14

Desk Officer, Desk No. 36. (For Record Section).

No.DGP/23/54/F.I.R ./283/2012

Mumbai.Dt.

11/12/2012.

Ref: D.G.P. Standing Order No.20/2012 dt.26.9.2012 Sub: Prompt registration of complaint. CORRIGENDUM

1. It has been noticed that W.Ps have been filed alleging non-registration of

F.I.R. even after expiry of sufficient period of time. Further, complainants are not

being informed in case of non-registration of their complaint. Hence following corrigendum to Para 3(f) of the said Standing Order is being issued; rest of the instructions will remain as it is. Para 3 (f) of the Standing Order No.20/2012 reads as under; “The complainant must be informed in writing or given a copy of the F.I.R. depending on the conclusion arrived at” Para 3 (f) of the Standing Order No.20 is substituted and shall be read as under:

(i)

If the complaint discloses a cognizable offence, F.I.R. shall be registered forthwith and the complainant given a copy of F.I.R.

(ii)

If the complaint doesn’t disclose a cognizable offence prime facie, the complainant must be informed forthwith, accordingly.

(iii)

In exceptional cases, the officer I/C may conduct the preliminary

inquiry which shall conclude within 2 days; if the officer I/C after conducting of the enquiry comes to a conclusion:

(a) that a cognizable offence is made out, he shall inform the complainant, forthwith along with copy of F.I.R. (b)that no cognizable offence is made out, he must inform the complainant in writing forthwith or in any event not later than 3 days thereafter.

2 These instructions are being reiterated and clarified to ensure that even non­

registration must be informed to the complainant within the above time limit.

3. (i) These instructions be followed scrupulously & disseminated

Police Station level.

down to

(ii) Failure to follow these instructions would be viewed seriously.

(Ahmad Jap/ed) Addl. Director General of Police,(L & O) for Director General of Police, M.S., Mumbai

To,

All

Commrs. O f Police (including Rlys)

All Supdts. of Police, Copy to:

All Addl.D.Gs.P. (including State C.l.D. M.S. Pune) All Range Inspector Generals of Police.