Contempted that a general representation addressed to multiple civil and police authorities did not comply with Section 154(1) Cr.P.C. The court held that the remedy under Section 154 was available and refused interference.
Writ petition disposed of; no direction to register FIR.
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.
skn 1 40. WP 58.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 58 OF 2017
Ramesh Ganpat Yelve. … Petitioner. V/s. The State of Maharashtra and Others. … Respondents.
Mr. Ajay Kumar Singh for the Petitioner Ms. Harsha Asnani i/b. The Law Point for the Respondent No.5 Ms. M.H. Mhatre, APP for the Respondent - State
Digitally signed by SANJAY SANJAYKASHINATH KASHINATHNANOSKAR NANOSKAR Date: 2021.12.10 11:34:25 +0530
CORAM : NITIN JAMDAR AND SARANG V. KOTWAL, JJ. DATE : 6 December 2021.
P.C. :
The Petitioner has filed this petition for the direction to the Respondents to register an FIR as per the complaint filed by the Petitioner on 28 November 2016. The complaint, stated to be under section 154 of the Code of Criminal Procedure, 1973, is annexed to the petition. Section 154(1) states that every information relating to commission of a cognizable offence should be first given to the officer-in-charge of the concerned police station and if he refuses, to the Superintendent of police concerned.
skn 2 40. WP 58.17.doc
representation addressed to the Commissioner of Police, Senior Inspector of Police, Mulund (W) Police Station, Deputy Commissioner (ENC), Project Manager (R & R), MMRDA. Such a representation cannot be said to be an information as required under section 154(1) of Cr.P.C. Where the statute prescribed a particular methodology, it need to be followed. After a particular section is invoked and complaint is filed, then duty arises on the part of the statutory authority to treat it as one under the provisions. If such general representation is addressed to all authorities including civil authorities, it becomes administratively difficult to take notice thereof.
(SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)
1 issue framed by the court
Whether a writ petition can succeed when the petitioner seeks direction to register an FIR via a general representation not addressed under Section 154(1) Cr.P.C.
1 provisions across 1 enactments
Ramesh Ganpat Yelve
The State of Maharashtra
Nitin Jamdar
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
