Bench: Justices Sunil Dutt Yadav, P. Krishna Bhat
Appellant: Tarabai
Respondent: The State Of Karnataka And Ors
Issue
- Was one of the respondents lawfully right in not registering the FIR when the aggrieved appellant approached him?
- What is the outcome of not complying with the procedure prescribed under CrPC for the registration of FIR?
Facts
- The appellant's son went missing and hence the appellant approached the police station to register an FIR for the same.
- One of the respondents denied complying with the procedure of registering the FIR as prescribed under the CrPc.
- Appellant's Contentions:
- The appellant expressed annoyance over the failure of registration of FIR by one of the respondents.
- It alleged that though the respondent was aware of the fact that the information conveyed by the appellant was sufficiently enough to constitute a cognizable offence and hence was obliged to comply with the procedure of registering the FIR.
- Despite this, the respondent failed to register the FIR and hence this appeal.
Respondent's Contentions
- The respondent requested for a lenient view of the issue for the said violation of the procedure.
- It was submitted that the respondent was willing to to do some community service as per the directions of the Hon'ble Court.
Judgement
The Court accepted the undertaking by the respondent and directed the respondent to clean the road in front of his police station for one week.
It was also directed by the Court, to hold workshops to all police officers working within the Kalaburagi District on the subject of "Zero FIR" and further the writ petition was dismissed.
Relevant paragraph
This Writ Petition Habeas Corpus is filed under Article 226 of the Constitution of India, praying to issue a writ or order or direction like Habeas Corpus thereby directing the respondents to produce the son of the petitioner namely Suresh S/o Heerasing Rathod R/o Minajgi Tanda Tq. & Dist. Kalaburagi who is unlawfully taken away by respondent No.5 on 20.10.2020 before this Court.
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