The central legal point established is the duty of police officers to promptly lodge an FIR upon receiving information about a cognizable offence, as per relevant provisions of the Criminal Procedure Code and Police Regulations.

In this case the Court had in its order dated 05.8.2015 noted that the incident took place on 07.7.2015 at 8.20 pm. Two persons were injured namely Islam Miah and Abdul Hamid. Abdul Hamid was taken to the Hospital at Kadamtala and then to the Dharmanagar Hospital. No treatment was given to Islam Miah. On the last date notice had been issued to Sri Abu Awal, Sub-Inspector (SI) of Kadamtala Police Station to appear-in-person today along with entire record and he was to inform this Court whether he is aware about the judgment of this Court delivered in Criminal appeal (J) No.04 of 2010 and he was to show cause why proceedings should not be initiated under the Contempt of Courts Act against him for violating the said directions.

2. Shri Abu Awal has appeared-in-person in Court. He states that he is aware of this judgment. According to him, immediately after receipt of the telephonic information about the occurrence he went to the spot and returned next morning at 11.55 am. He further states that he wrote down the entire incident in the General Diary book and was about to lodge suo motu FIR when the complainant himself came and filed a complaint and, thereafter, FIR was lodged.

3. I have gone through the General Diary book and I find that vide entry Number 286 entered at 2205 hours it is mentioned that telephonic information had been received about some occurrence which had taken place at Ichairpar and the tension prevailing there. Thereafter Sri Abu Awal along with a number of other police officials went to Ichairpar. On questioning Sri Abu Awal stated that he reached Ichairpar at about 10.35 pm. He returned next day at about 11.55 am and has made entry in the GD at serial No. 300 giving details of the incident. He stated that he wanted one Md. Abdul Hekim to lodge the complaint whether oral or writing but that person said that he is more concerned with the treatment of his brother Abdul Hamid and, therefore, could not lodge a complaint. Entry No.300 shows that Shri Abu Awal was going to lodge a suo motu complaint but in the meantime the complainant came and, therefore, the FIR was lodged. As far as Sri Abu Awal is concerned, I do not find that he has been negligent in his duties.

4. However, it is more than apparent that proper training is not being imparted to the Police Officials by the Department. In a case like the present one when Shri Abu Awal went to the spot, he did not have to wait for anybody to lodge an FIR. He at the spot could have noted down the circumstances which have been noted in GD entry No.300 and after noting down the facts he could have sent this information in writing in a form of a memo through one of the constables who was accompanying him and on that basis an FIR should have been lodged in the Police Station immediately.

5. Lodging of an FIR is very essential because normally investigation has to start only once the FIR is lodged. Under Section 154 of Cr.P.C, the first information which is received if it reveals the commission of a cognizable offence must be taken down in writing and sent to the concerned Judicial Magistrate forthwith.

6. The Police Regulations of Bengal are applicable in the State of Tripura. Regulation 243 of the P.R.B provides that first information of a cognizable crime shall be drawn up by the Officer-in-charge of the police station in Form No.27. This Regulation gives details as to how the FIR is to be recorded. It would be pertinent to refer to Regulation 243 which reads as follows:

“243 Recording of information under section 154, Criminal Procedure Code.

(a) The first information of cognizable crime mentioned in section 154, Code of Criminal Procedure, shall be drawn up by the officer-in-charge of the police-station in B.P. Form No. 27 in accordance with the instructions printed with it.

(b) The first information report shall be written by the officer taking the information in his own handwriting and shall be signed and sealed by him.

(c) The information of the commissi