G PRABAKARAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) On finding two contradictory views of two learned Judges, qua a petition filed seeking a direction to the police to register a cognizable offence, the following reference has been made:

(2.) The learned counsels appearing for the petitioners made the following submissions:

(3.) The learned Additional Public Prosecutor appearing for the respondents would submit that circulars have been issued in tune with the Lalita Kumari's case. The power under Section 482 Cr.P.C. has to be sparingly used and it cannot be used to circumvent a specific provision. The power exercised by the Police Officer is executive and administrative in nature and the same cannot be done or directed to be done by this Court. In all the cases compliance under Section 154(3) Cr.P.C. has not been made. Most of the complaints do not have any basis. The Police Standing Order provides for a preliminary investigation.