Non-registration of a complaint by the police results in the denial of human rights, the Maharashtra State Human Rights Commission (SHRC) has observed.
The SHRC was hearing a complaint by one Prakash Jadhav of Solapur district, who alleged that the police had refused to file an FIR after his mobile phone was lost.
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The complaint stated that on May 12, 2014, Jadhav was travelling in a State Transport bus from Tajband to Latur.
When he reached his destination, he realised that his phone worth Rs 10,000was missing. Jadhav approached his telecom service provider for a new SIM card, but was told to file a police complaint.
His plea to the SHRC alleged that the police refused to register his complaint and instead abused and assaulted him.
The police also booked him under two sections of the Mumbai Police Act, Jadhav’s complaint claimed.
The Chairperson of SHRC, Justice SR Bannurmath, sought a report from the Superintendent of Police, Latur, and heard the matter.
“The fact that the police did not register the complaint of theft of mobile is not in dispute. On the other hand, he (Jadhav) was asked to go to another police station at Ahmedpur.
This is in violation of mandatory provisions under section 154 and 155 of the Criminal Procedure Code,” the order states.
Under the sections, if any information of a cognizable or non-cognizable offence is received by the police, it is mandatory for them to
write it and read it over to the informant.
The SHRC observed that the non-compliance of these ‘mandatory requirements’ is a denial of human rights.
It has recommended that Jadhav be paid Rs 5,000 as compensation.
“The state shall instruct all the police officials in the importance of registration of a complaint either under section 154 or 155 of CrPC as the offence is disclosed in the complaint,” the SHRC has recommended in its order.
It also states that irrespective of jurisdictional issues, instead of sending the complainant to other police stations, the police should first register a complaint.