Last Updated on June 15, 2024 by Satish Mishra
Directions from High Court are pretty much necessary for registration of FIR if police party is not inclined to support your case.
This is what exactly happened in this case.
Shopkeeper, complainant being assaulted by known traders made a complain to police regarding forceful entry into his shop and manhandling by them.
Police taking matter on a lighter note just registered a FIR under 107/151 IPC for prevention of public peace.
Also Read- Transfer Of a Criminal Case from High Court Chandigarh
The complainant was not happy with the police action since the offence demanded stringent sections of IPC to be booked under it.
Sensing the ulterior motive of police, complainant filed the petition in High Court wanting directions to police to investigate the matter in a fair , and transparent manner free from any kind of biasednes.
Later on instructions of High Court , Lower Court ordered further investigation and called for status report that confirmed the offences to be registered under other sections of law.
Now under the guise of High Court and Trial Court, FIR is finally lodged under 447(criminal tresspass) and 506 (criminal intimidation ) .
Also Read- Directions from High Court Chandigarh
This comes after two years of the incident that took place on September, 2016. Now the police authority of Sector 34 Police Station have booked four accused for the said offence of criminal tresspass and Criminal intimidation.
This is a fit case where the intervention by a higher authority was desired like High Court who later set the right path of justice.
On getting instructions from High Court, Trial Court ordered the inquiry and later direction police to register FIR under different sections.
Also Read- POLICE NOT REGISTERING FIR, WHAT TO DO?
Police Authorities like other government bodies need consistent monitoring and discipline but at times the influence rules over duty which is fatal to justice. Thus one must take expert criminal advice in important criminal Matters where life and liberty of an individual is involved.
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