Bombay High Court pulls up police for delay in preliminary enquiries

The Bombay High Court has expressed strong displeasure over police delays in conducting preliminary enquiries and questioned the Union government on the implementation of law. The bench, comprising Justices Ajay Gadkari and Ranjitsinha Bhonsale, observed that police officers were showing “utter disregard” for legal provisions by conducting enquiries leisurely, sometimes over several months, despite the law mandating otherwise.

The observations came during the hearing of a petition filed by Kundan Patil, represented by advocate Uday Warunjikar, seeking a direction to the police to register a formal FIR on his complaint submitted in October at the Kashimira police station in Mira Road near Mumbai. The police, in their affidavit, informed the court that the enquiry was still ongoing. Additionally, the police stated that another complaint against the petitioner, lodged in August, was also still under enquiry.

The court cited Section 173(3)(i) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers the police to conduct preliminary enquiries within 14 days to ascertain whether there exists a prima facie case that warrants further investigation. A preliminary enquiry is a short, fact-finding exercise intended to determine whether sufficient evidence exists to proceed with a full investigation or register an FIR. The HC noted that while the law clearly mandates this 14-day period, police officers often extend preliminary enquiries for months under the guise of routine investigation.

“We regularly come across cases wherein police personnel are conducting preliminary enquiries leisurely as per their own whims and caprices,” the bench said, emphasizing that either the police are unaware of the BNSS, enacted in July 2024, or are deliberately ignoring the mandatory provisions.

To address this, the court directed the Home Department, Government of India, to clarify whether BNSS provisions are applicable to all police stations and, if so, why they have not been strictly followed. The Additional Solicitor General (ASG) was asked to appear on behalf of the Union government. The matter has been posted for further hearing on December 19.

The ruling underscores growing judicial concern over delays in police action and the importance of adhering to statutory timelines to ensure swift justice. By insisting on the 14-day limit for preliminary enquiries, the court highlighted the legislative intent of the BNSS to make police processes more efficient and prevent undue delays that can affect the rights of complainants.