VIJAY KUMAR KAUSHAL Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner, who is a student prosecuting studies in the Post - graduate Centre of the Himachal Pradesh University and who is also the Joint Secretary of the Students Central Association, complaints in the petition that certain complaints lodged at the police station(s) in Shimla were not registered in accordance with law and seeks an appropriate order or direction to the effect that such complaints should be duly registered and investigated into in accordance with law. Several interim directions were issued during the pendency of the petition and, consequently, the learned counsel for the petitioner stated to the Court that no other or further orders are required to be passed in the matter and that the petition be treated as disposed of accordingly.

(2.) One of the interim orders, which was made on December 20, 1984, required the District Superintendent of Police, Shimla, to file an affidavit in regard to the following amongst other matters (1) Whether Registers as required by the relevant provisions of the Punjab Police Rules are being maintained at these police stations? (2) Whether entries in accordance with law are being recorded in these Registers in regard to the alleged offences for which complaints are received?

(3.) In compliance of these orders, the District Superintendent of Police placed on record the following information by way of an affidavit: (1) That the necessary Registers as prescribed under Punjab Police Rules applicable to Himachal Pradesh are being maintained in Police Stations, Sadar and West Shimla, as well as other Police Stations also. (2) That as per provisions of law and Police Rules necessary entries are being recorded in the relevant Registers in regard to alleged offences for which complaints are received. The following procedure is adopted to record informations received at the Police Station. (i) Information relating to commission of a cognizable offence is entered in Register No. 1 (F.I.R.) and Register No. 2 (Daily Diary) and other relevant Registers being maintained in the Police Station. (ii) Information of miscellaneous matters and of non-cognizable nature, if given orally, is reduced into writing in the Daily Diary Register No. 2. (iii) Written complaints received at the Police Station which are of ambiguous nature and do not disclose commission of a. specific offence are entered in Complaint Register for enquiry, as per Govt. instructions. If on preliminary enquiry, a cognizable offence is made out the matter is registered as per requirements of section 154 Cr.P.C. by making an entry in Register Nos. 1 and 2 etc. and further investigation is undertaken,T