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N. UNNI KRISHNAN NAIR
Kalyan Kumar Pathak, S/o. Sri Aniruddha Pathak – Appellant
Versus
State Police Accountability Commission, Rep. By Its Secretary – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.) :
Heard Mr. Tapan Deuri, learned counsel for the petitioner. Also heard Mr. Nabashish Goswami, learned Jr. Government Advocate, appearing on behalf of all the respondents.
2. The petitioner by way of instituting the present proceeding, has presented a challenge to the observations, made by the State Police Accountability Commission, Assam, against him in the order, dated 27. 07.2021, passed in Case No. SPAC/C/170/SP(KAM)/2020[Khaybor Ali v. OC, Nagarbera PS].
3. The observations so made against the petitioner, being of relevance, is extracted hereinbelow:
The court established that due process must be followed in disciplinary inquiries, ensuring that individuals have the opportunity to defend themselves against allegations.
The police are mandated to register an FIR when information discloses a cognizable offense, without questioning the reliability of the information at that stage.
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
The State has a duty to act diligently in filing cancellation reports to uphold the rule of law; excessive delays undermine public trust.
The central legal point established in the judgment is that the failure to register an FIR under Section 166A of IPC must be a clear violation of the law, and the court must consider the circumstance....
Prompt registration of an FIR is essential when directed by a magistrate under Cr.P.C. 156(3).
The court emphasized the necessity for independent investigations and adherence to procedural safeguards in police encounter cases, ensuring that the right to life is protected under Article 21 of th....
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
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