HC quashes FIR against UP cops, flags Spl Court's lapses

The Allahabad High Court has quashed a “casual” order passed by the Special Judge (SC/ST Act) of Maharajganj, which directed the registration of an FIR against a sub-inspector, a constable, and 20 police officers in a “casual” manner, violating statutory provisions under Section 173(4) of the BNSS dealing with information in cognisable cases. Quashing the lower court order, Justice Santosh Rai said, “The manner in which the learned Special Judge, SC/ST Act, Maharajganj, has dealt with the application under Section 173(4) of the BNSS is a matter of serious concern. The impugned order reflects a serious lack of appreciation and application of the statutory procedure under the BNSS and the binding principles laid down by the Supreme Court.” The Court said in its judgement dated October 9.
“The impugned order reflects a fundamental lack of understanding of the basic principles of criminal law and procedure on the part of the Special Judge, SC/ST Act, Maharajganj,” Justice Rai added. Calling the lower court order a case of “non-application of judicial mind”, the HC issued detailed guidelines to judicial officers across UP, directing them to pass reasoned orders and carefully examine records before ordering investigations, especially in cases involving public servants. The judgment has been ordered to be circulated among judicial officers, district administrations and
senior police officials across the state.
The case stemmed from a complaint filed by Sheela and Anju of Basantpur village, who alleged that after a clash linked to a land and financial dispute on June 6 police entered their home during the night, misbehaved with women family members and made caste-based remarks. They claimed their representation to the SP went unanswered, prompting them to approach the special court. Acting on their plea, the special judge on Aug 11 directed the Ghughuli SHO to register an FIR. The police personnel challenged the order before the HC.