Improper FIR recording can undermine public trust in the criminal justice system, necessitating investigation.

CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Manoj Kumar Choubey, Advocate For the State : Mr. Yogesh Modi, AC to AAG-IA For the CBI : Mr. Prashant Pallav, Advocate …......

04 /28.07.2025:

The petitioner has challenged the FIR being Borio PS Case No. 12 of 2024 registered under section 370 of the Indian Penal Code . In the FIR it has been alleged that the person named in the FIR has forcibly taken the minor daughter of the informant to engage her in some work but she has not been brought back nor the informant is being given access to her daughter nor any communication is allowed to be established by the informant and her daughter. On this basis FIR being Borio PS case No. 12 of 2024 has been registered.

2. Though from bare perusal of the FIR makes out a cognizable offence under 370 of the Indian Penal Code but it is specific case of the petitioner from his argument, that the informant had never alleged what has been mentioned in the FIR. It is his contention that respondent no. 2- Officer In-charge has manipulated the entire statement, as there was some grudge between him and this petitioner. It is his contention that since the daughter of the informant went missing, the informant had gone to the police station to lodge a missing report when the Officer In-charge had taken the thumb impression of the informant and later on converted the same into a fardbeyan by putting in a different story, which the informant had not even narrated.

3. Today the learned counsel for the informant is also present. Learned counsel submits that infact the informant had not approached the police station to lodge any FIR against the petitioner under the provision of Indian Penal Code , rather he had gone to the police station only to report that her child of 16 years went missing for last one day but there the thumb impression of the informant was obtained and later on same was converted into the fardbeyan against Ranjit Kumar Mandal who is the petitioner. He submits that he had no intention to file FIR against Ranjit Kumar Mandal and the entire matter has been manipulated. The informant states that the daughter returned the very next day.

4. What has been stated herein by the petitioner and the informant is very serious and disturbing. If the same is correct then the Court fails to understand how this fardbeyan was recorded and how the FIR has been lodged.

5. As per the parties the fact of informing the police about lodging the missing report has been converted by the police officer into a FIR, registered under section 370 of the Indian Penal Code against the named accused person. This is a very serious issue, which needs to be investigated. If in this manner FIRs’ are being lodged in the State, the people of the State will loose faith in the criminal justice delivery system. If the concerned police official has manipulated a missing report and converted the same to an FIR against named person, this is an offence, which needs investigation.

6. Thus considering all these aspect and seriousness of the allegation, I direct the petitioner to implead the Central Bureau of Investigation (CBI). Let CBI be impleaded as party respondent.

7. Mr. Prashant Pallav, the learned counsel who is appearing on behalf of CBI accepts notice on behalf of CBI.

Let name of Mr. Prashant Pallav, learned counsel appear on behalf of CBI in the cause list.

8. Considering what has been held above, I direct the CBI to initiate a preliminary inquiry on the allegation of the informant and this petitioner and submit a report in this Court in a sealed cover within eight weeks.

9. Let a copy of this order and the entire documents along with the chargesheet, case-diary be handed over to the CBI.

10. List this case after eight weeks.

11. This Court will further pass an appropriate order based on the preliminary inquiry report submitted by the CBI.

12. If it is necessary all the parties will cooperate with the CBI in the preliminary investigation.