cpc

abuse of office by police dept.


Have found this article , can experts comment upon it, are all remedy available as mentioned. In my case police authority have issued licenses without fulfilling mandatory conditions. Thankyou.

Here is the article.......

POLICE WILLFUL DISREGARD IN DISCHARGE OF HIS DUTIES CONSTITUTES CRIMINAL CONTEMPT OF THE COURT:

The process of administration of justice begins with the violation of a right of a person or the committing of an offence by a person, well before any FIR is filed OR case is registered in the court.

In the light of Contempt of Court Act- Section -2(c ), If Police refuses to register FIR or refuses to investigate the case or refuses to apprehend or arrest offenders or trying to protect the accused or the guilty in any way, than a Criminal contempt of Court u/s 2(c) (III) of the Contempt of Courts Act 1971 can be filed against them for causing obstruction in the administration of justice. 

However, the element of police acting illegally deliberately and consciously without any justification is essential. "A refusal to see the obvious, a failure to investigate the doubtful if sufficiently gross, furnishes evidence acting deliberately and consciously.

The Contempt Petition is filed in the High Court and the best part is that proceedings have to begin immediately. However, before filing Criminal Contempt of Court Petition, Sanction from Advocate general must be obtained. If they do not give sanction or does not reply within a reasonable time of 30 days, than Contempt petition can be filed informing the Court about sanction not given or no reply received.
Not only the Police but whoever including political interferes in the process of investigation or interferes during the trial of offence in the Court can be charged with obstructing in the administration of justice and thus it constitutes an serious offence of Criminal Contempt of Court. 

However, for offences which are enumerated in Indian Penal Code cannot become the subject matter of Criminal Contempt Of Court.  


 
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