Varadhan v. Sub-Inspector of Police, E-4, Abiramapuram Police Station
1984-01-06
G.MAHESWARAN
body1984
DigiLaw.ai
Order This is an application under section 482 of the Code of Criminal Procedure to quash the proceedings in C.P.C. No. 5436/83 on the file of the 18th Metropolitan Magistrate, Saidapet. The facts which led the petitioner to apply to this Court under section 482, Criminal Procedure Code are these: On 28-9-1983 at about 7.00 p.m. the petitioners went to a tailor's shop named Kumaran Tailor's and place orders for making some shirts. When they were taking tea adjoining shop, a police constable attached to E-4 police station wanted them to accompany him to E-4, Abiramapuram Police Station. They went to the Police Station and were detained there by the Sub-Inspector and a case under section 75 of the City Police Act was registered. No reasons were given for registering a case against them and later they were released on bail. The said case is pending before the 18th Metropolitan Magistrate. 2. The reasons given for quashing the proceedings are that the offence punishable under section 75 of the City Police Act being a cognizable offence, should have been investigated in accordance with the provisions of the Code of Criminal Procedure and that having not been done, the proceedings are vitiated and should be quashed. The further contention is that the illegal detention is violative of Article 21 of the Constitution of India. 3. From the records filed in this case, it is seen that charge-sheet has been filed against the petitioners under section 75 of the City Police Act. Suction 24 (1) (a) of the Madras City Police Act says that any offence made punishable by sections 45, 46, 49-A, 72 or 75 shall be cognizable. Section 154 of the Code of Criminal Procedure states that every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction and he read over to the informant and every such information shall be signed by the person giving it and the substance thereof shall be entered into a book to be kept by such officer. Section 4(1) of the Code of Criminal Procedure is to the effect that all offences punishable under the Indian Penal Code shall be investigated inquired into, tried or otherwise dealt with in accordance with the provisions contained in the code.
Section 4(1) of the Code of Criminal Procedure is to the effect that all offences punishable under the Indian Penal Code shall be investigated inquired into, tried or otherwise dealt with in accordance with the provisions contained in the code. Section 4 (2) states that all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provision, but subject to any enactment for the time being in force relating to the manner or place of investigating, inquiring into or otherwise dealing with such offences. It should be noted that the City Police Act does not in any way regulate the manner or place of investigation inquiring into or otherwise dealing with such offences. In the absence of any such regulation in respect of investigation, the provisions of the Code of Criminal Procedure alone will apply for such investigation. 4. Learned Public Prosecutor invited my attention to the fact that entries regarding the arrest have been made in the general diary “and para book and guard book and petty case register. In this case no F.I.R. was registered. There has been no investigation in accordance with the provisions of section 156, Criminal Procedure Code. The procedure to be followed for investigation under section 157 has also not been followed. Witnesses have not been examined. No statements were recorded in accordance with section 161 (3) of the Code and no copies of statements were furnished to the accused. No report was submitted in accordance with the provisions of section 173. Therefore, the proceedings in C. P. C. No. 5436 of 1983 on the file of the 18th Metropolitan Magistrate are clearly vitiated and have to be quashed and are hereby quashed. R.S.R. ----- Proceedings quashed.