Court directed third respondent police officer to register a case under Section 154 CrPC where a prima facie case existed, holding non-action arbitrary while declining to examine merits under Article 227 jurisdiction.
Direction to Third Respondent to register a case against Respondents 4 to 11 if a prima facie case exists.
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THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 19913 of 2005
DATED: 09-09-2005
Between:
Baikadi Poshanna, s/o Rajanna, R/o Chickli Village, Makloor Mandal, Nizamabad District.
..... PETITIONER
AND
.....RESPONDENTS
Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR HOME
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 19913 of 2005
ORDER:
Declaring the action of the respondents 1 to 3 in not taking action against the respondents 4 to 11 by registering a case in spite of the complaint made by the petitioner on 18-07-2005 as illegal, arbitrary and contrary to law, the present writ petition has been filed.
Learned counsel for the petitioner contended that inspite of the prima facie case being made out from the allegations of the complaint to take cognizance against the respondents 4 to 11, respondents 1 to 3 have not taken any action and therefore, the petitioner seeks a direction to the police to register the case.
On the other hand, the learned G.P. for Home contended that it is for the 3rd respondent to take appropriate decision in accordance with law under the provisions of Section 154 of the Criminal Procedure Code if the allegations in the complaint made out a prima facie case of the cognizable offence.
A perusal of the complaint clearly goes to show that there is some rivalry between both the petitioner and respondents-4 to 11 with regard to the agricultural lands. However, the question as to whether the accused has committed the offence in question and whether there is a prima facie case or not to proceed against them in the absence of an enquiry or a thorough investigation, cannot be gone into at this stage of the proceedings, by invoking the jurisdiction of this court under Article 227 of the Constitution.
Therefore, in the facts and circumstances of the case, without expressing any opinion on the merits of the case, I feel that it would be just and proper to direct the 3rd respondent to register a case against respondents-4 to 11 if a prima facie case of cognizable offence is made out.
Subject to the above direction, this writ petition is disposed of. No order as to costs.
K.C.BHANU, J.
Note: Issue CC by wire
Dated 09-09-2005.
At party’s costs.
B/O
RNS
3 issues framed by the court
Whether the court can direct the police to register a case under Section 154 CrPC without investigating the merits.
Whether the non-registration of a case by police was illegal and arbitrary in the given circumstances.
What fitness of jurisdiction under Article 227 of the Constitution requires prior to such a direction.
2 provisions across 2 enactments
Baikadi Poshanna
Superintendent of police, Nizamabad
Circle Inspector of Police, Rural, Nizamabad
Sub Inspector of Police, Makloor Police Station
Sudda Rajeswar
Lakpathi
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
