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DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Mathews J. Nedumpara – Appellant
Versus
Supreme Court Of India – Respondent
| Table of Content |
|---|
| 1. writ petition filed by advocates for fir registration. (Para 1 , 2) |
| 2. contention against k. veeraswami judgment. (Para 3 , 4) |
| 3. previous petitions dismissed on similar issues. (Para 5 , 6 , 7) |
| 4. failure to produce evidence of representation. (Para 8) |
| 5. lack of evidence for representation to police. (Para 9 , 10 , 11 , 12) |
| 6. writ petition dismissed due to abuse of process. (Para 13 , 14) |
JUDGMENT :
1. This writ petition under Article 32 of the Constitution of India is at the instance of 4 (four) petitioners. The first three are advocates while the fourth is a chartered accountant.
3. The primary contention urged by the first petitioner, who appeared in person for himself and on behalf of the other petitioners, is that the decision of a Constitution Bench of this Court in K. Veeraswami vs. Union of India , (1991) 3 SCC 655 is contrary to law and hence is not required to be followed by the Police. It has, inter alia, been held in such decision as under:
4. The first petitioner has contended that the above observation in K. Veeraswami (supra) places an unnecessary fetter on the exercise of power by the Police to register an FIR, once it has information of a cognisable
Court affirmed that petitioners must approach authorities with representations before filing for judicial intervention, impacting police authority to act on FIR requests.
:NON REGISTRATION OF FIR - Complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie ....
The main legal point established in the judgment is that the High Court cannot issue a direction for registration of an FIR under Article 226 of the Constitution of India, and the aggrieved person sh....
The main legal point established in the judgment is the mandatory registration of FIR under Section 154 of Cr.P.C., the availability of remedies under Section 156(3), and the limitations of invoking ....
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