Public servants are not immune from prosecution for criminal acts committed outside the scope of their official duties, and FIR registration is mandatory when a cognizable offense is reported.

JUDGMENT :

(A. Badharudeen, J.)

This petition has been filed under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS' hereinafter), and the prayers are hereunder:

1. It is prayed to issue a writ of mandamus or such other Writ or direction to the Respondent No.4 to Register an FIR on the information received which contained cognizable offense as Exhibit P3 Document and conduct Investigation.

2. The Petitioner No.2 respectfully prays that the Honorable Court directs the Respondents No.1&3 to comply with the Supreme Court's directions regarding the procedure for recording statements and registering an FIR. Specifically, prayed to order the respondents to:

a. Register an FIR immediately upon receiving a complaint related to a cognizable offense, in accordance with the law and the guidelines established by the Supreme Court.

b. Summon the witness for statement collection only after the FIR is registered and not before, ensuring due process and preventing any harassment of the witnesses.

3. The Petitioner respectfully prays before this Honorable Court to declare that the immunity provided under Section 175(4) of BNSS shall not extend to crimes committed by a public servant that are unrelated to their official duties. Specifically, the Court is requested to rule that the protection afforded to public servants does not apply to acts that constitute criminal offenses committed outside the scope of their official functions. This prayer is made to ensure that public servants are held accountable for any criminal acts they commit in their personal capacity, without the shield of immunity intended for their official duties.

4. To grant such other relief as this court deems fit in the facts and circumstances of the case.

2. Heard the learned counsel for the petitioners and the learned Special Public Prosecutor. Perused the relevant records.

3. The case of the petitioners is that, the petitioner No.1 filed a complaint before the Station House Officer, respondent No.4, under Section 173(1) of the BNSS, on 7.9.2024, alleging that she was raped by certain police officers. Despite having filed a petition disclosing a cognizable offence warranting registration of FIR, respondent No.4 did not register any crime so far. Thereafter, petitioner No.1 submitted a follow-up compliant via email on 8.9.2024 to respondent No.2, requesting investigation. Respondent No.2 started to proceed with the complaint contrary to the legal procedures and started to collect evidence without registering FIR. As part of the same, respondent No.3, along with a group of police officers and a videographer arrived at the victim's house at 6.00 p.m. on 9.9.2024 without informing her and began to record her statements about the incident. Female police officers then transcribed the same into a formal statement of the complainant without registering an FIR. Later, respondent No.3 called to record the statement of petitioner No.2 and petitioner No.2 refused to give statement in connection with an investigation without registering an FIR. Thereafter, a notice was issued to secure her presence on the premise of preliminary investigation, and to give statement in connection with the same, petitioner No.2 was directed to appear at 10.00 a.m. on 12.9.2024. Later, petitioner No.1 approached the District Police Chief, Malappuram and repeated her demand to register a crime, but the same also was not heeded. Then, petitioner No.1 filed a private complaint before the Judicial First Class Magistrate Court, Ponnani, Malappuram and the learned Magistrate also not ordered any investigation.

4. It is pointed out by the learned counsel for the petitioners that, as per the ratio of the decision of the Hon’ble Apex Court in Lalita Kumari v. Government of Uttar Pradesh reported in [(2014) 2 SCC 1], registration of FIR under Section 154 of the Code of Criminal Procedure (for short, 'the Cr.P.C' hereinafter) is mandatory, if the information discloses commission of a c