Bombay High Court Orders FIR Registration in Suicide Abetment Case, Imposes ₹20,000 Costs on State for Failing to Comply with Magistrate’s Earlier Directive to Register FIR

Court’s Decision

The Bombay High Court directed the R.A.K. Marg Police Station, Mumbai, to register an FIR in the abetment of suicide case of the petitioner’s son, Abhinav Sapare, by November 21, 2024. The Court imposed ₹20,000 in costs on the State Government for failing to comply with a Magistrate’s earlier directive to register the FIR and ordered the initiation of a departmental inquiry to fix responsibility for the delay.

Facts of the Case

1. Incident:
   • The petitioner’s son, Abhinav Sapare, committed suicide on January 6, 2024, allegedly due to harassment by respondents 4 to 7.
   • Despite multiple representations to the R.A.K. Marg Police Station, no FIR was registered.
2. Legal Action:
   • The petitioner approached the 13th Metropolitan Magistrate’s Court, Mumbai, which directed the police to register an FIR under Section 156(3) CrPC on June 22, 2024.
   • The petitioner filed this writ petition after the police failed to act on the Magistrate’s order.

Issues

1. Whether the failure of the police to register an FIR despite a Magistrate’s order constituted dereliction of duty.
2. What remedial action should be taken to address the delay and ensure compliance with legal directives.

Petitioner’s Arguments

• Non-Compliance:
  • The petitioner argued that the police’s failure to register the FIR violated statutory obligations under the CrPC and caused undue hardship.
• Injustice:
  • Highlighted that the delay in initiating the investigation compromised the family’s pursuit of justice.

Respondents’ Arguments

• The Senior Police Inspector appeared before the Court and admitted to being unaware of the Magistrate’s order until November 19, 2024.
• The State assured the Court that the FIR would be registered immediately.

Court’s Observations

1. Delay in Compliance:
   • The Court criticized the police for ignoring the Magistrate’s order for five months, terming the delay “disturbing and unjustified.”
2. Responsibility and Accountability:
   • Emphasized the need for a departmental inquiry to identify and penalize the officers responsible for the inaction.

Conclusion

1. FIR Registration:
   • Directed the R.A.K. Marg Police Station to register the FIR by November 21, 2024.
2. Costs Imposed:
   • Ordered the State to pay ₹20,000 to the petitioner within four weeks and recover the amount from the salaries of the responsible officers.
3. Departmental Inquiry:
   • Directed the Deputy Commissioner of Police (Zone 4) to initiate a departmental inquiry and submit a report.
4. Next Hearing:
   • Scheduled for December 17, 2024, to review compliance.

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