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prof s c pratihar (medical practitioner &legal studies)     17 January 2014

Disrespect towards highest judicial directive

Dear members most likely about five years back hon' ble b n Agarwal & hon'ble singbhiJJas there lordships then was passed an order and circulated to all courts of criminal justice -- the sum and substence of that as under-------1.if there is cognigible offence the fir be registered by police station  and copyoof fir delivered to party within 24 hours.2.if not done the complainant shal file a petition for registering fir and ld magistrate shal direct concerned ps to register fir if he finds that there are enough materials for a primafacie case. If officer in charge failed to comply with the ld magistrate can initiate contempt proceeding against such officer and even sentence to jail. What we observe day to day The Solemn Order is flouted  in most cases all over the country.home dept govt of India is requested to take serious view in this matter.your further sugession swill be praiseworthy. Prof s c pratihar I



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 January 2014

Sir, Though you have experience that this law has been flouted, in plenty of  cases this has been mis-utilised not only  by the police but also by the judiciary itself. Firstly on a complaint by one X the police, after proper inquiry of both the sides, found nothing cognizable in the complaint and opined that the matter requires  civil relief and does not requires criminal law's intervention and advised both the parties and closed the matter.  Not satisfied with the police action, X, in order to wreak vengeance against the Y, greased the palms of court staff including the ......, got his private complaint u/s 156(3) moved out of court to reach the police station the same day evening on the date filed before the court, with instructions to file FIR, the police arrested the Y the same day night, remanded Y to custody for 15 days,  and even after 15 days, the presiding officer of the court refusing to let him on bail for the offences falsely charged u/s 408 & 420,because the considerations passed by the wrong doer works wonder here with the help of the querist referred provisions of law.  This is happening in many places what is the solution for sch practical issues.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 January 2014

agree with expert


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