Mumbai, Dec 15: The Bombay High Court has criticised the police for their “utter disregard” of statutory provisions and questioned whether the law applies equally to them.
14-Day Limit Ignored, Says Bench
A bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale, on December 10, highlighted that police officers were conducting preliminary enquiries into complaints for months, despite legal provisions requiring completion within 14 days.
Petition Seeks FIR Registration
The HC was hearing a petition filed by Kundan Patil through advocate Uday Warunjikar, seeking directions for the Kashimira police station in Mira Road to register an FIR on his complaint lodged in October.
In its affidavit, the police stated that the enquiry was still ongoing. They also revealed that another complaint against the petitioner, filed in August, was under investigation.
BNSS Provisions Cited by Court
The bench referred to Section 173(3)(i) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers police to complete preliminary enquiries within 14 days to determine whether a prima facie case exists.
“The police conduct such enquiries for months together under the garb of preliminary enquiry, though it is mandated in law that the same has to be conducted within a period of 14 days,” the court observed.
Judges Question Police Conduct
The bench added, “We regularly come across cases wherein police personnel are conducting preliminary enquiries leisurely as per their own whims and caprices.”
It further questioned whether officers were unaware of the law, which was enacted in July 2024, or were deliberately flouting it, “for reasons best known to them.”
Centre Asked to Clarify Applicability
The court directed that the Home Department of the Union Government clarify whether BNSS provisions apply to all police stations and, if so, why compliance has been lax.
The matter has been posted for further hearing on December 19, with the additional solicitor general, representing the Union government, instructed to appear before the court.
Also Watch:
Judicial Impatience Over Delays
The HC’s observations underscore growing judicial impatience with delays in police procedures, especially in preliminary enquiries that are legally required to be swift.
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