K.THANKAPPAN, B.N.SRIKRISHNA
Katteri Moideen Kutty Haji – Appellant
Versus
State of Kerala – Respondent
B.N. Srikrishna, C.J.
Appeal admitted. Notice made returnable forthwith. Learned -Government Pleader waives service on behalf of the respondents. By consent, appeal called out for hearing and heard.
2. The appellant made a complaint in writing dated 4.8.2001 to the Circle Inspector of Police, Thenjipalam alleging that a Tata Benz lorry bearing No. KL 10A 5740 had been stolen by somebody on 25.6.2001 when he was away in Mumbai for business and his wife was admitted for delivery in a hospital. This complaint of the appellant was not even registered by the Police Station concerned. Hence, the appellant moved O.P. No. 25152 of 2001 which has been dismissed summarily on the statement of the 4th respondent, Sub Inspector of Police, Thenjipalam Police Station, that the vehicle had been repossessed by the Financier.
3. Learned counsel for the appellant contends that, as long as an information lodged before the police station indicates an offence which is cognizable, the police officer concerned has no discretion to refuse cognizance of the offence and register it in the concerned register on the ground that he is satisfied that it is not a crime. The judgment of the Supreme Court
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