Claims video evidence sent and statements recorded from four people; preliminary inquiry not mandatory for FIR under Section 18A
Provision for action under Section 4 of SC/ST Act if wilful negligence of public servant proved
Prayagraj/Kaushambi: A young man from the Scheduled Caste has questioned the police’s functioning after a First Information Report (FIR) was not registered in the case of alleged caste-based abuse, assault, and death threats at Preeti Enterprises in Manjhanpur. Complainant Rohit Kumar alleges that a case has not been registered even after nearly 20 days of the incident, despite having filed a complaint with the police station and the Superintendent of Police, and having sent audio-video evidence to the Circle Officer, Manjhanpur. He says that statements of four people have also been recorded.
According to the complaint, on September 21, 2026, Rohit Kumar, a resident of Bhaila Makdumpur, Karari police station, went to Preeti Enterprises in Neta Nagar, Manjhanpur, to purchase iron pipes. Following a dispute over payment, he was allegedly subjected to casteist abuse, assault, and death threats. The complainant states that the day after the incident, he sent audio and video evidence to the Circle Officer via mobile phone. Following this, statements from four people, including Rohit, were recorded at the Circle Officer’s office, but no FIR was filed.
What does the SC/ST Act say? Section 18A(1)(a) of the SC/ST (Prevention of Atrocities) Act, 1989, clearly provides that a preliminary inquiry is not necessary for registering an FIR under this Act. The Supreme Court also clarified in Prithvi Raj Chauhan v. Union of India that if a complaint prima facie constitutes a cognizable offense, a preliminary inquiry is not a prerequisite for registering an FIR. However, it is necessary to examine whether the complaint contains the legal ingredients of the offense in question.
What action can be taken against the policeman for delay? Section 4 of the Act provides for imprisonment of six months to one year for any public servant who willfully neglects the duties prescribed by law and rules. These duties include registering an FIR under appropriate sections, recording statements of victims or witnesses, and discharging investigation responsibilities. However, mere delay in filing an FIR does not automatically prove a crime. For action under Section 4, willful neglect of duty and its due process of law are required.
According to Rule 7 of the Act, an investigation into an SC/ST Act offense should be conducted by an officer not below the rank of Deputy Superintendent of Police (DSP). The rules also provide for the completion of investigations on a priority basis and the filing of charge sheets within a stipulated period.
Rohit Kumar has demanded an impartial investigation of the available evidence in the case, the registration of an FIR, and information regarding the reasons for the pending complaint. It remains to be seen what action the police take based on the allegations made in the complaint and the available evidence. In this matter, when journalist talked to Superintendent of Police Satyanarayan Prajapat, he said okay, we will look into it, if the matter is found in the investigation then an FIR will be registered.
