Hello Public, earlier days before 1.7.2024 Criminal Law was also directs police to file Zero FIR of a aggrieved persons who had sustained injuries upon their person when there is a issue of Place of Offence, as for taking action by police when there used to be issue of Jurisdiction of more than one Police Station which was involved hence Law directs the police authority that any police station which come across the Complainant/Victim who approached any of those police station to file their Cognizable Complaint in that event the concerned Police Station and its Station House Officer were duty bound to register an FIR of the said persons treating the said FIR as Zero FIR and then for the purpose of further investigation of the case the said police station used to transfer the case to other police station wherein the actual offence has been committed against the said complainant citizen.
Normally it is not only in a serious cases such as Murder, Rape, Kidnapping etc. the police is required to take the cognizance of the complainant /victim and to take down the Zero FIR in the police station near to the place where the person can approach but in other cases whereas the jurisdiction is the issue and for ascertaining the jurisdiction of the police station ample time will be required and in the process important Incriminating Evidence of the case may be washed away, hence the police station is required to immediately take FIR of the person as Zero FIR.
Will elaborate the issue with case law, recently at Navi Mumbai on 5.6.2024 one of the Complainant and his driver were driving their his vehicle on Ghansoli Mahape Road at that time from his left side road one Passenger Bus may be BEST/NMMT was driven by its driver in such a Rash and Negligent manner that as the bus driver forcefully collided his bus on the vehicle of the citizen and after causing grave danger to the lives of the persons, said Bus driver ran away with his Bus from the said place of offence and thereafter the said member of the public who met with an accident sustained grave mental shock and then on the next day on 6.6.2024 he and his lawyer approached the near by police station Rabale MIDC police station and met Station House Officer named one Mr. Garad designate as Asst. Police Inspector API and after informing the accident case to the said officer who without understanding the plea of the complainant strait way informed complainant to visit Turbhe MIDC police station, and when we informed the said police officer kindly come to see the place of offence but said officer was so adamant and arrogant who said he got lot of work to do which was entrusted by his Police Inspector Crime and not having time to attend the complainant, thereafter we protest his illegal acts and informed him that will take legal action against him as per the law, after knowing the said Protest said officer literally given Threats to the counsel of the complainant/victim that if they do not vacate the police station he will file some bogus case at Bar Council and also make some false station dairy entries to book the complainant and his lawyer. This is the way the police attends the case of the victim/complainant who does not know the jurisdiction of taking action in the matter pertains to place of offence. The said police officer could have come to see the place of offence and then rightly could have guided to the complainant but such police officers are installed by their Superiors as it is openly discussed the posting to certain police station are at available in “Auction”!
On 6.6.2024 immediately we informed the said illegal act of the said delinquent officer to his Superior by way of using electronic means such as WhatsApp but the office of Commissioner of Police, Navi Mumbai is not yet responded to the plea of the citizen.
Now as per the new Criminal Law which brought up by Modi Sarkar, through Bhartiya Nagrik Suraksha Sahita 2023 earlier Code of Criminal Procedure their is express provision of law to direct any police station whoever it may be as when the victim complainant approached their police station at that time after knowing the case said police station and its Station House Officer has to register FIR treated it as ZERO FIR and after taking cognizance said FIR can be sent to the concerned police station for further investigation.
Bhartiya Nagrik Suraksha Sanhita 2023 (Crpc) having express provision in under section 173 that if any police officer fails to non registration of FIR of the complainant in that event the action against police can be challenged as per the law and such police officials under the section of 199 of Bhartiya Nyaya Sanhita 2023 (IPC) can be prosecuted and such police officer may get punishment not less than 6 months and can get punishment up to 2 years. The offence allegedly committed by such police officers are Cognizable and immediately FIR is need to register against them as per the law.
Public which are concern for to protect the rights of the citizens are anxious to know whether Superior Officer like Commissioner of Police, Navi Mumbai can take appropriate action against such arrogant, irresponsible and mentally corrupt police officials who are not showing their concern for the plight of victim/complainant.
Noida Police Commissioner Laxmi Singh recently said Zero FIR System in the new law will help complainant to visit police station to report the Crime rather than try and find officials of particular Jurisdiction of police station. Let us hope the voice of Noida Chief also noticed by other police Commissionerate.
Issued for public interest by Ad. Anil Bugde.
