The Allahabad High Court has directed that complaints regarding FIRs (First Information Reports) in cases of alleged police encounters should not initially be brought to the court but rather addressed to the Superintendent of Police (SP) or a magistrate. This guidance came during a hearing involving Munni from Mathura, who alleged that her son Farukh was killed in a fake police encounter.
The bench, comprising Justices Siddharth and Surendra Singh, emphasized that procedural avenues like filing a complaint under sections 154(3) and 156(3) of the Criminal Procedure Code (CrPC) should be utilized before approaching the judiciary.
The case highlighted involves an alleged encounter where Munni’s son was accused of robbery and murder, which she claims was fabricated by the police, resulting in his wrongful death. Legal representatives Amit Khanna and JK Khanna argued on behalf of Munni, presenting her case to the High Court with a plea for an investigation by the CBI or a state-recognized body.
The High Court referred to a Supreme Court ruling stating that if a complaint is not registered, the complainant should approach the SP under section 154(3) and if still unresolved, can petition the magistrate under section 156(3).
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The court noted that with such alternatives available, judicial intervention in such cases should be reconsidered, highlighting the importance of adhering to procedural norms before seeking court intervention.
