Court mandates appointment of senior Crime Branch officer for fair investigation following petitioner's complaint of theft and police misconduct under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant judgment delivered by the Division Bench of the Tripura High Court comprising Justices Dr. T. Amarnath Goud and S. Datta Purkayastha, stringent directions were issued for the registration of an FIR and independent investigation into allegations of misappropriation and theft of gold bars and ornaments by police officials. The case arose from a complaint filed by Billal Miah who alleged that on February 21, 2026, he and his brothers were stopped by police while transporting gold ornaments and bars for medical treatment funds. The police reportedly took the vehicle first to a remote tea garden instead of the nearby police station and later to Bishalgarh Police Station. During this time, the petitioner alleges that part of the gold went missing and that he received threatening calls from police personnel.
The petitioner's counsel argued that the complaint disclosed cognizable offences punishable under the Bharatiya Nyaya Sanhita, 2023, and under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police had a statutory obligation to register an FIR promptly. Despite repeated attempts, the FIR was not registered, and the petitioner was compelled to approach the High Court through a Writ Petition (Criminal). The petitioner also accused police officials of procedural irregularities, including taking the vehicle to an isolated location and failing to conduct a formal search, as well as demanding a compromise from the petitioner.
The State's representatives contended that the vehicle was brought to the police station for thorough inspection based on credible intelligence about suspected illegal items, and CCTV footage from the police station did not support the allegations of theft or wrongdoing by police personnel. They also argued that the petitioner failed to establish lawful ownership of the gold.
The Court, after examining the submissions and records, took serious note of the procedural lapses, particularly the decision to take the vehicle to a tea garden instead of directly to the police station, a mere 2.5 kilometers away. The Court emphasized that when a complaint discloses cognizable offences involving possible police misconduct, Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates the registration of an FIR and an impartial inquiry.
The Court ordered the immediate registration of the petitioner's complaint as an FIR and directed the State authorities to transfer the entire case record to a senior officer of the Crime Branch for a fair, independent, and expeditious investigation. The judgment underscores the judiciary's commitment to uphold citizens' rights and ensure accountability within law enforcement agencies, particularly in matters involving allegations of corruption and abuse of power.
The writ petition was allowed, and any pending applications and stay orders related to the case were vacated.
Bottom Line:
Registration of FIR and independent investigation mandated under Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023, when allegations of misappropriation and high-handedness by police officials are disclosed.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 173, Bharatiya Nyaya Sanhita, 2023
Billal Miah v. State of Tripura, (Tripura)(DB) : Law Finder Doc Id # 2981071
