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G. JAYACHANDRAN, M. NIRMAL KUMAR, N. ANAND VENKATESH
T. Balaji – Appellant
Versus
State rep. by The Inspector of Police, New Washermenpet Police Station, Chennai – Respondent
ORDER :
(N. Anand Venkatesh, J.)
The genre of case and counter-case is not a new phenomenon. In Kautilya’s, Arthasastra cases and counter cases were dealt with only in a limited class of cases like robbery, duel etc., where there was a possibility of aggression on both sides. Kautilya said:
Though times have changed since the days of Kautilya, the central focus on the aggressor remains the same. In this reference, we are called upon to examine certain seminal questions relating to a case and counter case and the manner in which Courts and investigation agencies are required to handle them.
2. This Full Bench has been constituted pursuant to an order of the Hon’ble Chief Justice dated 26.03.2024, to answer the following questions of law:
ii. What is the effect of non-compliance with PSO 566? If and in what circumstances does non-
The police must mandatorily follow PSO 566 in investigating case and counter cases, ensuring thorough investigations to avoid conflicting judgments.
Point of Law; even if one case is triable by Magistrate, there is no bar to get it tried along with the counter case triable by Court of Sessions.
The court emphasized the need for a definitive investigation to resolve contradictory accounts in cases involving rival versions of the same incident.
Cases arising from the same incident should be tried together to avoid conflicting judgments and ensure fair trial principles are upheld.
The main legal point established in the judgment is the need for simultaneous consideration of case and counter case by the same judge to avoid conflicting judgments, as per the principles laid down ....
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
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