Time Bound (24 Hours) Registration of FIR:
In Re: Abdul Khaleque [17-07-2019]—In the said reference while championing constitutional obligation to ‘uphold rule of law’ and relying upon the Apex Court’s decision in Lalita Kumari vs. Government of Uttar Pradesh and Ors. (2014) 2 SCC 1, the Division Bench of the Hon’ble Calcutta High Court on 17/07/2019 has held mandatory registration of FIR in a time bound manner within 24 hours from the order by the Magistrate under Section 156(3) of the Cr.P.C. The court has further held that action should be taken against erring police officials as such failure is the constitutional tort arising out of the breach of fundamental right to access speedy justice. Moreover, the Court held that non-registration of FIR is also violation of statutory duty engrafted under Section 23 of the Police Act, 1861 that imposes duty upon the police to prevent commission of offences as well as to maintain public peace and to prevent those who disturb the public peace.
