JAGJEEWAN Vs. STATE

JUDGEMENT

(1.) Main grievance of the petitioner in the writ petition is that notwithstanding the information about commission of cognizable offences, no action has been taken by the concerned police officials.

(2.) The course to be adopted, if the position is as stated by the petitioner, is not filing an application under Article 226 of the Constitution of India, 1950 (in short the 'Constitution'). The Code of Criminal Procedure 1973 (for short 'the Code') prescribes the procedure to investigate into the cognizable offences defined under the Code. In respect of cognizable offence, Chapter XII of the Code prescribes the procedures information to the police and their powers to investigate the cognizable offence. Sub-section (1) of Section 154 envisages that :

(3.) The above position in law was highlighted by the Apex Court In All India Institute of Medical Sciences Employees' Union (Regd.) through its President v. Union of India and Others 1997 SCC (Cri) 303.