Disposed

Virendra James v. State of Raj and Ors.

Rajasthan HC22 Mar 2018CRLMP/1392/2018

Case brief

AI extract

What is this about?

The High Court observed that under Section 36 Cr.P.C., the concerned Deputy Commissioner of Police could exercise jurisdiction. It directed the petitioner to appear before the DCP to ventilate his grievance regarding the non-registration of a complaint filed with the SHO. The DCP was directed to pass a detailed order within one month.

What did the court decide?

Directed the petitioner to appear before the Deputy Commissioner of Police with the complaint; the DCP to pass a detailed order within one month.

Virendra James Vs State of Raj and Ors. — Writ and Judicial Review | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misccellaneous (Petition) No. 1392/2018

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Virendra James S/o Late Shri James S. Ram B/c Christian, Aged About 64 Years, R/o James Colony, Vidhyadhar Nagar, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan Through P.p.

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The Commissioner Of Police, Commissionerate, Jaipur.

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The Sho, Police Station Kalwar, Jaipur Mahanagar, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Ashish Saksena For Respondent(s) : Mr. Aladeen Khan, PP for State

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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22/03/2018

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Learned counsel for the petitioner contends that the petitioner had filed a complaint (Annx.3 and Annx.4) before the SHO, Police Station, Kalwar and yet no case has been registered. Hence, a prayer is made that direction be given to the SHO, Police station Kalwar to register the case.

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Section 36 Cr.P.C. reads as under:-

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“36. Powers of superior officers of police—Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station .”

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In view of Section 36 Cr.P.C., reproduced above, the concerned Deputy Commissioner of Police can exercise jurisdiction. Hence, it is ordered that the petitioner shall appear before the concerned Deputy Commissioner of Police with the

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(2 of 2)

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[CRLMP-1392/2018]

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complaint ventilating his grievance. The concerned Deputy Commissioner of Police shall pass a detailed order upon the complaint submitted by the petitioner while exercising jurisdiction under Section 36 Cr.P.C., within a period of one month. A copy of the said order to be passed by the Deputy Commissioner of Police, shall be served upon the petitioner through registered post. The petitioner shall be at liberty to assail the order to be passed by the Deputy Commissioner of Police in case he is aggrieved against the

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same.

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(KANWALJIT SINGH AHLUWALIA),J

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Govind

Virendra James v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Virendra James v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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