Supreme Law News

ED fails to get F. I. R registered what about common people ?

Getting a F. I.R registered still remains a big challenge today in entire country. Every police station in the country openly and brazenly violates Supreme Court judgment & guidelines every day, when it comes to registering a F.I.R.

SC decision in the Lalita Kumari versus Government of Uttar Pradesh & others, is very clear: “If any information disclosing a cognisable offence is led before an officer in charge of the police station satisfying the requirement of Section 154(1), the said police officer has no other option except to register a case on the basis of such information.

The provision of Section 154 of the Code is mandatory & the officer is duty-bound to register the case on the basis of information disclosing a cognisable offence.”

Now, none other than, a government agency is caught unaware so think about the common man, when it comes to getting a F.I.R registered.

In this recent case, ED'S F.I.R against the officials and other unauthorised persons, accusing them of “stealing” sensitive documents from the Sub-Zonal Office of the Enforcement Directorate (ED) in Madurai, is still pending.

A fortnight after lodging a complaint against DVAC sleuths, the Central agency has sent a reminder to Tamil Nadu Director-General of Police/Head of Police Force Shankar Jiwal reiterating its request to register a case against the accused.

Referring to the complaint, dated December 2, 2023, informing what it termed an “illegal search operation” leading to criminal trespass, theft and illegal access of various sensitive and confidential records pertaining to ongoing investigations in the office of the Deputy Director, Sub-Zonal Office, Madurai, the ED requested the DGP to register an FIR against the DVAC officials and the unauthorised persons under Section 447 (trespass), 506 (criminal intimidation), 378 (theft) and 353 (assault or criminal force to deter public servant from discharge of duty) of the Indian Penal Code, among others.

In the present case, since the information submitted in the complaint, dated December 2, 2023, disclosed cognisable offence, the ED requested the DGP to direct the concerned police station to register a First Information Report (FIR) against the DVAC officials and the persons who entered the office premises of the Central agency and stole/accessed sensitive/confidential records.

In its complaint, ED has alleged that after arresting Enforcement Officer Ankit Tiwari on charges of demanding and accepting a bribe of ₹20 lakh from a government doctor near Dindigul, DVAC officials conducted a search on the ED’s Sub-Zonal Office in Madurai.

However, the DVAC officials have denied the allegations and are claiming that the designated court was informed of the search and only authorised persons were a part of the team.

The ED further allges that 35 people entered its office premises, illegally. Now, let's watch together further development in this case.

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Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.