G V BHASKAR RAO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Interference in the exercise of police to act independently to register crime and investigation thereof is one of the issues raised in the present petition. As per the petitioners, the present FIR has been registered against them though it does not reveal any criminal offence and is a simple business transaction, but still has been given the colour of criminality and the process of criminal law set in motion on the intervention of the local MLA. Is it fair for an elected representative to interfere in the independent functioning of the police which is to perform statutory duty regulated by various provisions made in the Code of Criminal Procedure? The petitioners would seriously complain that the local MLA has intervened to direct registration of the present FIR and, thus, the process is nothing but an abuse of the Court.

(2.) The petitioners would refer to the factual position when this application for registration of a case reached the SHO with recommendation endorsed thereon by the MLA and so registration of the present FIR resulted.

(3.) The complainant instead of approaching the police for registration of a case first approached the local MLA, namely, Prem Mittal, MLA, Mansa, who made the following endorsement on the application:-