police can not refuse to record fir on the ground of lack of


 

Police can not refuse to record FIR on the ground of lack of territorial jurisdiction

 
 The police constable at the police station refused to record the complaintpresented by PW 1 on the ground that the said police station had no territorial jurisdiction over the place of crime. It was certainly a dereliction of duty on the part of the constable because any lack of territorial jurisdiction could not have prevented the constable from recording information about the cognizable offence and forwarding the same to the police station having jurisdiction over the area in which the crime was said to have been committed.

Supreme Court of India
State Of Andhra Pradesh vs Punati Ramulu And Others on 19 February, 1993
Equivalent citations: AIR 1993 SC 2644, 1993 CriLJ 3684, 1994 Supp (1) SCC 590
Bench: A Anand, K Singh
 
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Assistant

Mr Prasad, the Hon'ble Supreme court  has passed this judgement, 1993, Justice Anand has also passed other landmark judgemnets as regard arrest, long back and unfortunately these judgemnet have been violated by the police right and left. The practicality is if a person of high status wants to file an FIR  at a police staton outside the jurisdicton in which the offence have been taken place the police will record the FIR, but if a poor person or illeterate person wants to do the same he will be not only scolded and chased away but also will be beaten black and blue. In reality these judgemnet have been passed taking into consideraton the good of the general public, but I think when the exectutive upon which the duty is cast to strictly implement it does not comply with, it is also the duty of the Suprmee Court to oversee the strict implementation at the very ground level. 

Presumingly if you go a police station outside the jurisdicton to record the FIR and the Police staton does not do so, and after that if you approach the CJM that too outside the jurisdicton under secton 156(3) Cr.P.C. , I am sure the CJM will also not entertain the application. In that case is the CJM not violating the supreme court's order. Your esteemed opinion will be appreciated.

 
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