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HC directive on lodging protest at police report

THE ALLAHABAD High Court has held that a complainant must approach the magistrate court to lodge any protest. This should be done if police file the final report to the magistrate?s court in connection with a criminal case. The court further said that it would not interference in such matter under the writ jurisdiction.

india Updated: Oct 29, 2006 00:55 IST

THE ALLAHABAD High Court has held that a complainant must approach the magistrate court to lodge any protest. This should be done if police file the final report to the magistrate’s court in connection with a criminal case. The court further said that it would not interference in such matter under the writ jurisdiction.

A Division Bench comprising Justice Amitava Lala and Justice Shiv Shankar passed the order while disposing of a writ petition filed by Kabutri Devi of Mirzapur. In the writ, it was alleged that the police had falsely implicated the petitioner’s husband and after showing him to be a Naxalite, had killed him in a fake encounter. The petitioner had prayed for compensation from the State as well as prosecution of alleged guilty police personnel.

The facts, as alleged in the petition, were that the petitioner is a poor woman and that her husband Gulab was peace-loving and innocent man, whom the police forcibly took away from his house on February 8, 2001 and murdered him in cold blood. Appearing on behalf of the State, additional government advocate Neeraj Kanta Verma submitted that the petitioner’s husband had a criminal history and was killed in an exchange of fire with the patrolling police party.

It was further submitted that the Supreme Court had held in the case of Sube Singh Vs State of Haryana in 2006 that prudence must be exercised in accepting claims of human rights violations by persons with a criminal background, and that awarding compensation in a routine manner may open flood gates of false claims.

In the instant case, there was no independent, medical or corroborative evidence to suggest foul play and since after investigation a final report had been submitted, the High Court could not be expected to run a parallel inquiry to collect evidence. There was no question of any fake encounter. Since the police had submitted a final report, the complainant could always lodge a protest before the magistrate concerned, AGA Verma contended.

First Published: Oct 29, 2006 00:55 IST