AGARTALA, Sep 25 (TIWN): Tripura High Court took serious note of negligence of duty by state police. In a judgment on Thursday, Sepahijala district police super Pradip De service was censured for his refusal to lodge a First Information Report (FIR) in a complaint of murder. Sepahijela SP who had received presidential award earlier, now in neck deep trouble for not lodging FIR against a murder case. A Tripura High Court’s Divisional bench chaired by Chief Justice Deepak Gupta and Justice U B Saha censured Sepahijela SP for not lodging any FIR against a murder case of Sonamura Subdivision. The O/C of Sonamura P S, Narayan Chandra Saha has also been warned to take care of such matters in future. Tripura High Court also warned the whole police dept. that in future such allegations should not come, as this the 5th time that police has found guilty for not lodging FIR. According to the reports, victim Anal Halk went to Sonamura P S to lodge an FIR, against his sister-in-law for his brother Kamal Halk’s murder. Kamal Halk used to work at Kuwait. After coming in Tripura he had been married to Ruma Aktar and after few days of their marriage Kamal died. Anal Halk alleged that it was his wife who alongwith few others killed Kamal Halk on May 8, 2015 during midnight. In the following day he went to Sonamura P S to lodge an FIR against Ruma Das, but O/C of Sonamura namely Narayan Chandra Saha P S didn’t lodge the FIR.Sources that Anal Halk also went to Sephahijela SP Pradip Kr. Dey asking for proper investigation. But SP didn’t take any step, neither he asked the O/C to lodge an FIR.

However, talking to SP Sepahijala Pradip Kr. Dey over phone he said, “According to the Post Mortem report it was clear like water that it was not a murder incident, as no wounds within his body was found”. “Moreover after 4 days of the incident they came to lodge FIR, whether at the beginning they didn’t make any issue about his death”, alleged SP.

Chief Justice Deepak Gupta delivered the judgment as the District Police super refused to register an FIR on the complaint of the victim’s brother. The victim was killed on May 8 last. The victim’s brother- Anal Halk of Sonamura had filed a complaint before the Sonamura Police Station alleging that his brother was killed by his sister-in-law. But, Sonamura Police Station refused to register an FIR. Later he approached  the district Police chief who also refused to lodge an FIR saying that the complaint have no base or witnesses.

Anal Halk filed a petition before the High Court seeking directives. Angry with the district Police chief’s move, the High Court summoned him. In his statement, the district Police chief uttered the same before the High Court and tendered apology. However, Chief Justice censored him. Chief Justice also expressed his resentment over the role of DGP.

According to the Supreme Court, it is mandatory for the Police to register an FIR if a complainant approaches it for the registration of a cognizable offence. Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

However, asking about that SP Pradip Kr. Dey, he told TIWN that, “The party came to me only at July 27, when already case was registered and following IPC 157 police was investigating the case”.

However, Tripura High Court asked the O/C, Sonamura P S  Narayan Chandra Saha and SP Sepahijela to be presented in the court and also asked to submit affidavit. Then SP Pradip Kr. Dey submitted the affidavit and said according to IPC 157, the investigation was going on. High Court also asked Pradip Kr. Dey that without lodging any FIR how come investigation is going on following IPC 157 ? However police could not reply to any of the questions asked by Tripura High Court Divisional Bench and accordingly S P begged forgiveness at the end, said sources.  

High Court also mentioned that earlier 4 times such issues aroused in the state. Although DG of Tripura was also given notice regarding such matters and DG followingly promised that it will not be repeated once again in state, still this the 5^th time it has happened, HC Judge Deepak Gupta mentioned in the court.