In a writ petition regarding non-registration of a crime report, the Court disposed of the matter at the admission stage due to lack of evidence proving the report's filing, allowing the petitioner to submit a fresh report.
Liberty to lodge a fresh report before the police concerned to be dealt with per Apex Court guidelines.
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.
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
W.P.NO.22880 OF 2017
O R D E R
The grievance of the petitioner is that though he filed a report before
the 4th respondent – Station House Officer, against the unofficial respondent
No.5 on 24.01.2017, which discloses commission of an offence, no crime is
registered. Hence the present writ petition.
The learned Government Pleader for Home, on instructions, submitted
that the respondents have not received any report from the petitioner and if any report is received, appropriate steps will be taken strictly in accordance
with law.
Though the case of the petitioner is that he filed report on 24.01.2017 before the 4th respondent – Station House Officer and also sent report through registered post to the 3rd respondent – Deputy Superintendent of Police, no tangible material like postal acknowledgment or any endorsement
of appropriate authority, is filed in proof of his averments.
Therefore, without expressing any opinion on the claim of the petitioner, the writ petition is disposed of at the stage of admission, given liberty to the petitioner to lodge fresh report before the police concerned, in which even, the same shall be dealt with in terms of the guidelines laid down
by the Apex Court in LALITA KUMARI Vs. GOVERNMENT OF UTTAR PRADESH1 . In case if the averments in the report do not make out a case, then a copy of the said finding arrived at by the police shall be communicated to the petitioner giving reasons, so as to enable him to avail the remedies available under law. No costs.
Consequently, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE C. PRAVEEN KUMAR
12.07.2017 AVS
1 (2014) 2 SCC 1
1 issue framed by the court
Whether the petitioner has successfully lodged a police report disclosing commission of an offence without tangible proof of filing.
Colour shows how this judgement treated each authority
Lalita Kumari Vs. Government of Uttar PradeshReferred¶14
12.07.2017 AVS 1 (2014) 2 SCC 1 · Who else cites this
Petitioner
Station House Officer
Deputy Superintendent of Police
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
