Madurai
Dismissing a writ petition that sought a direction to the police to not register a case against a petitioner, the Madurai Bench of the Madras High Court on Friday observed that such actions could not be encouraged. Public servants/police officers must be allowed to perform their duties in the manner known to law.
The court was hearing a petition filed by S. Chandran of Sivaganga district, who sought a direction to stop the police from registering a case against him.
It was said that a family dispute between two brothers had ended in criminal action and subsequently a criminal case was filed. Now, a direction was sought against registration of a case. Justice S. M. Subramaniam observed that the recent trend prevailing across the State was that whenever a criminal case was registered by a competent police officer, the accused or relatives were attempting to threaten the police officer by stating that they would prefer a complaint before higher officials or file writ petitions seeking departmental proceedings.
The station officer, on receipt of a complaint, was bound to register it if there was a prima facie allegation warranting prosecution. On registration, if some of the accused came out with another version of the story, then the police officer had to conduct an investigation, collect evidence, record statements and prosecute as contemplated under law.
The police officers were not deciding the issue, conducting a trial or attempting compromise.
Their duty was to ensure that the offences against the State were dealt with in accordance with law. Under these circumstances, the police officers could not perform their duties peacefully, if they were threatened.
Honest police officers must be rewarded and corrupt officers prosecuted. Higher police officers and the court should ascertain the genuiness of such complaints.
Mere filing of such petitions should not be dealt with in a casual manner. Such vexatious petitions were liable to be dismissed with exemplary costs, the court said.
