1. Allegations of police high-handedness and misconduct — Remedy sought. (Para 2 )
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2000 Supreme(SC) 101
2000(5) Supreme 122
SUPREME COURT OF INDIA
K.T. Thomas & M.B. Shah, JJ.
Pinkibasra -Appellant
versus
State of Punjab & Ors. -Respondents
Criminal Appeal No. 41 of 2000
(Arising out of SLP (Crl.) No. 169/1999)
Decided on 13-1-2000
The Court held that an individual alleging police misconduct may file a complaint before the concerned Magistrate. Furthermore, the Magistrate is empowered to grant police protection to the complainant if satisfied that such protection is necessary for the effective prosecution of the case.
Headnote:Criminal Appeal-Grievance against highhandedness of police-Superintendent of police countering all allegations-Appellant to file complaint before Magistrate-Magistrate to take resort to procedure required by law-Appellant to make application before Magistrate for police protection to ensure personal protection of appellant-Magistrate to give police protection to appellant for effective prosecution of his case.
Legal Category Hierarchy
Table of Contents
2. Appellant alleges police high-handedness — Police deny allegations in reply affidavit. (Para 2 )
3. Appellant may file complaints before the concerned Magistrate for alleged offences and apply for police protection to ensure effective prosecution. (Para 2 )
4. Redress for police misconduct lies in filing complaints before a Magistrate, who shall follow legal procedure and consider applications for police protection. (Para 2 )
5. Appeal disposed of with directions to approach the Magistrate for filing complaints and seeking police protection. (Para 2 , 3 )
6. How can a person seek legal redress for alleged police high-handedness or misconduct?
The aggrieved person may file a complaint or complaints before the concerned Magistrate describing the offences committed, which the Magistrate will then examine following the procedure required by law. (Para 2 )
7. How can a person obtain police protection for the effective prosecution of a case involving police misconduct?
The person may apply to the concerned Magistrate for police protection; if the Magistrate is satisfied that such protection is necessary for effective prosecution, appropriate orders shall be passed. (Para 2 )
ORDER
Leave granted.
2. Appellant has highlighted a lot of grievances against the high handedness of the police but the Senior Superintendent of police, Ludhiana in the reply affidavit has sought to counter all those allegations. In this situation all what we can do is to make the observation that it is open to the appellant to file complaint or complaints before the Magistrate concerned in which necessary allegations or accusations of the various offences committed against him can be described. If any such complaint is filed before a Magistrate the same shall be looked into and the procedure required by law shall be resorted to by the Magistrate concerned. In order to ensure personal protection for the appellant we permit him to make an application before the Magistrate concerned for affording police protection to him. If the Magistrate is satisfied that appellant must be given police protection for the effective prosecution of his case the Magistrate shall pass appropriate orders thereon.
3. With these observations and directions we dispose of this appeal.
(C.R.) Appeal disposed of accordingly.
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Parallel Citations of other Journals :
Pinkibasra v. State of Punjab & Ors., 2000(5) Supreme 122 : 2000 (2) JT 467: 2000 (2) All. Crl. L.R. 63 : AIR 2000 SC 1758
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