May 20, 2022 10:36:49 pm
The Justice V S Sirpurkar Commission, set up by the Supreme Court to probe the deaths of the four accused in the rape and murder of a veterinarian at Chattanpally in Shadnagar on the outskirts of Hyderabad on November 27, 2019, has found fault with the manner in which the FIR was registered at Shadnagar police station on December 6, 2019 after the alleged encounter.
The commission noted that the Cyberabad police failed to lodge the first information report (FIR) of the alleged encounter on time. The committee noted that lodging FIR promptly expels the opportunity for any possible concoction of a false version. Even if there is any unavoidable delay, there ought to be a satisfactory explanation.
The four accused – Mohammed Arif, Chintakunta Chennakeshavulu, and cousins Jollu Shiva and Jollu Naveen – were shot dead early on December 6, 2019 in an alleged encounter. The commission noted that the incident occurred at 6.10 am and the FIR should have been received by Shadnagar SHO at 8 am.
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The report states that the court is 3 km away from the police station and it should not have taken more than half an hour to fill up the columns in the FIR. The FIR should have reached the magistrate within an hour at the most, says the report. “But the FIR in this case is received by the magistrate at 4.40 pm. There is absolutely no explanation for the delay in sending the FIR to the court. Both the commissioner of police and the head of SIT (special investigation team) state that they are not aware when the FIR was received by the jurisdictional court. The unexplained delay in sending the FIR to the court would only establish that the complaint was not received by the SHO at 8 am and much time has been spent on deliberations,’’ the report states.
The commission also pointed out that the Telangana State Police Manual enumerates various orders regarding the various facets of investigation. As per order number 411-1 of Chapter 21 of Telangana police manual, the FIR in original should be sent to the magistrate having jurisdiction without delay.
The report also states that a copy of the FIR was sent to senior police officials only the next day. The commission observed that the inordinate delay in sending the FIR to the court and to the senior officers should be explained.
“The reason for the delay has not been explained and it should be assumed that the delay has occurred only for confabulations and deliberations. It is noticed that in spite of so much delay in lodging the complaint, the necessary details of the incident that are said to have taken place on December 6, 2019 are not mentioned in the FIR. Many details of the events that occurred long prior to December 6 are mentioned in greater detail whereas the details relating to the incident of alleged “exchange of fire” are not set forth. The investigating officer has admitted that the report given by the ACP runs into five pages and that the facts relating to the exchange of fire are set out in one page only,” it states.
The commission noted that in the report submitted by the Shadnagar ACP, there is only a general allegation that the accused overpowered the police party, assaulted and snatched two firearms from CI Amangal and SI Nandigama, and fled towards bushes. They were repeatedly warned but they opened fire on the police party with an intention to kill and in self-protection, the police have said they opened fire. The details of which accused snatched the weapons, the nature of the weapons snatched, who assaulted the policemen etc are not found in the report.
The report notes that when the informant, Shadnagar ACP V Surender, is confronted with the said omissions of material facts in his report, he repeatedly states that he was in a disturbed state of mind and that he could not give all the details. “He also takes umbrage under the principle that an FIR need not be an encyclopaedia. If the report is given by a rustic person or an illiterate person, such explanations may be tenable. In this case, the FIR is lodged by a senior police officer,” the report notes.
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