P GOPALAKRISHNA PILLAI Vs. S P KOLLAM

JUDGEMENT

(1.) CAN a court refuse to receive a petition filed by a party or counsel? Under what law and on what justification can such a course be followed? What is the remedy that is available to a party or counsel in that unfortunate situation? Is not such a party or counsel entitled to know and have a reasoned order as to why his application is not being received, entertained and disposed of on merits?

(2.) THESE questions appear to me to be preposterous and puerile as answers for the basic questions are virtually impossible. But I am forced to consider and answer them as I note, sitting in this jurisdiction under Section 482 Cr. P. C. , that such complaints are increasing. Time has come, I do feel, for this court to send the message loud and clear that such a situation cannot occur. A fearless Bar has to assert itself if such a malady prevails in any part of the system.

(3.) TO the facts first: A complaint filed by the petitioner has been referred to the police by the learned Magistrate under Section 156 (3) Cr. P. C. Crime has been registered alleging offences punishable inter alia under Section 4201. P. C. Investigation has commenced. There is no proper investigation. The petitioner/the de facto complainant is aggrieved by the conduct of the police of not conducting proper investigation. The petitioner has come to this court complaining about such inadequate/improper/insufficient investigation by the police.