The Bombay High Court rejected a criminal writ petition. It held that vague allegations did not disclose a cognizable offence, thereby failing to oblige police under Section 157 CrPC to investigate. Consequently, no writ direction was issued.
No direction issued; complaint lacks details of a cognizable offence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[1]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.385 OF 2005
S.S. Mohiddeen .... Petitioner
Vs.
The Commissioner of Police,
Bhiwandi City, District
Thane & others .... Respondents
Shri A.K. Patil for the Petitioner.
Shri S.R. Shinde, A.P.P., for the Respondents.
CORAM: R.M.S. KHANDEPARKAR &
P.V. KAKADE, JJ.
DATED: MARCH 14, 2005
P.C:
Heard. Bare reading of the so called complaints
disclose that in none of those complaints the petitioner
had disclosed any particular incident which could reveal
a cognizable offence so as to enable the police to
investigate into the matter. Mere vague allegations
need not satisfy the police nor compel them to commence
investigation. The provisions of law comprised under
Section 157 of the Code of Criminal Procedure being very
clear in that regard, no fault can be found with the
police authorities for not taking any action in relation
to the complaints lodged by the petitioner. In case the
petitioner wants the police authorities to take action
in the matter, the complaints have to disclose the
incident which could reveal a cognizable offence. In
[2]
the circumstances, therefore, there is no case for
issuance of any direction as such in the case in hand
and therefore the petition is rejected.
(R.M.S. Khandeparkar, J.)
(P.V. Kakade, J.)
2 issues framed by the court
Whether vague allegations disclosing no cognizable offence warrant police investigation or a writ direction.
Whether Section 157 of CrPC requires specific incidents to trigger investigation.
1 provisions across 1 enactments
S.S. Mohiddeen
The Commissioner of Police, Bhiwandi City, District Thane & others
R.M.S. Khandeparkar
P.V. Kakade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court