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Siv (engineer)     29 March 2012

Regarding artilce 226 (2) of constitution of india

Hi,

 

A criminla case is filed in Andhra Pradesh and as per the charge sheet the alleged offence is happened in three states, say A.P, Karnataka and Chennai.

 

The A.P state police is not acting/responding on the applications made by the accused to disclose the detaisl of the offence/allegations of the criminal case.

 

Can Accused of the criminal case approch the Chennai High Court seeking the writ direction to the A.P police to act on the application made by the accused in the circumstnaces below:

 

  1. The alleged incident is happened in chennai but the A.P police is not disclosing the detaisl of the incident (as mentioned in section 211, 212 and 213 of CrPC).
  2. The A.P police is not collecting the documents that are related ot the alleged incidents/allegations (the fear of the police is that the documents disclose that the offence is not happened).
  3. Artilce 226 (2) allows any high court to give directions to the Public Authority provided any part of the cause of action is arised in the jurisdiction of high court and here in this case the police is not acting on the request made related to the incident that is allegedly occured in Chennai.


 3 Replies

Democratic Indian (n/a)     29 March 2012

Yes High Court can issue a writ.

sandip m patel (lawyer)     01 April 2012

yes, chennai High court can issue direction

Kavya Sreejith   13 May 2020

Greetings!

A writ petition may be filed. The following article provides how to file a writ petition. 

https://www.lawyersclubindia.com/articles/-how-to-writ-petition-filing-procedure-and-format--11204.asp

Regards

Kavya Sreejith


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