COMMON 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:

“In cases other than duel, robbery, as well as disputes amongst merchants or trade guilds, the defendant shall file no counter case against the plaintiff, nor can there be any counter case for the defendant.” 

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:

i. Whether the police is required to mandatorily follow the procedure prescribed in Police Standing Order 566 while investigating a case and case in counter?

ii. What is the effect of non-compliance with PSO 566? If and in what circumstances does n