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Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court
Tellmy Jolly
10 Jan 2024 12:49 PM GMT
The Kerala High Court recently held that the writ jurisdiction of the Court under Article 226 cannot be invoked seeking blanket general directions against the police for the prevention of registration of crimes. “Jurisdiction under Article 226 of the Constitution of India cannot be invoked to issue blanket directions against registration of a crime. Time and again, the Supreme Court as well...
The Kerala High Court recently held that the writ jurisdiction of the Court under Article 226 cannot be invoked seeking blanket general directions against the police for the prevention of registration of crimes.
“Jurisdiction under Article 226 of the Constitution of India cannot be invoked to issue blanket directions against registration of a crime. Time and again, the Supreme Court as well as this Court have deprecated the practice of issuing general directions, especially with respect to investigation and registration of FIRs. Each FIR will have to be appreciated on the basis of the allegations therein” , stated Justice Bechu Kurian Thomas
The petitioner, a native of Uttar Pradesh has approached the Court seeking a direction to prevent the registration of further FIRs against him on similar facts. He also seeks a direction that notice of appearance before a police officer has to be issued under Section 41A CrPC, rather than immediate arrest.
The petitioner alleges that respondents are harassing him by registering FIRs against him in different parts of the state. He claimed that despite the registration of several FIRs, a final report has been filed in only one crime. Relying upon T T Antony v State of Kerala, he stated that registration of several FIRs based on similar facts was contrary to law.
On the other hand, Public Prosecutor C S Hrithwik submitted that writ jurisdiction under Article 226 of the Constitution cannot be invoked seeking a direction against the investigating officer for issuance of a general order for the prevention of registration of FIR.
The Court found that the petitioner only has an apprehension that respondents might register FIRs against him. It observed that the Court cannot issue a general direction stating that further FIRs cannot be registered based on similar facts.
It held that the petitioner can approach the Court only when crimes were registered and not based on an apprehension that crime will be registered. Additionally, the Court observed that each FIR has to be considered based on the allegations raised in it and a blanket direction cannot be issued for prevention of registration of a crime.
Accordingly, the Court dismissed the writ petition.
Counsel for the petitioner: Advocates Praveen H, G Hariharan, K S Smitha, Amal Dev D, T T Shaniba, Sneha M S, Abhijith E R
Citation: 2024 LiveLaw (Ker) 27
Case title: Rohith Giri v State of Kerala
Case number: WP(CRL.) NO. 1349 OF 2023
