Historic decision: Police cannot question a person under Section 91 unless FIR is filed under Section 154

Historic decision: Police cannot question a person under Section 91 unless FIR is filed under Section 154

Raipur: In a historic decision, Chhattisgarh High Court has snatched those powers of police through which they used to harass people after inviting them to police station without sufficient reasons.

The Single Bench of the High Court comprising Justice Sanjay K Agrawal said that Section 91 of the CrPC will not be applicable prior to the filing of FIR under Section 154 of the CrPC.

According to case, Chhattisgarh Institute of Education Board Director lodged a written complaint against one Rajeshwar Sharma with Sarkanda police station of Bilaspur that Sharma has encroached upon his land. On the basis of complaint, police repeatedly called Sharma to the police station through notice and harassed him under Section 91 of the CrPC. 

Fed up with the harassment, Sharma filed a petition in the high court though advocate Sourabh Sharma. The petition read that the police had been repeatedly harassing him by misusing Section 91.

Hearing the case, Justice Agrawal delivered a historic judgment and said that Section 91 will not be applicable in the initial inquiry of a case before the filing of FIR under Section 154 which means Police cannot question a person in a case unless a FIR is registered under Section 154.