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Showing contexts for: General Dairy entry in Kailash Vijayvargiya vs Rajlakshmi Chaudhuri on 4 May, 2023Matching Fragments
17. Having said so, the Constitutional Bench in Lalita Kumari (supra), nevertheless, felt it was necessary by judicial interpretation to carve out another layer of protection vide preliminary inquiry by police. In certain instances, a preliminary inquiry may be justified owing to the genesis and novelty of crimes. The category of cases in which preliminary inquiry may be made, purely as illustration were indicated as matters relating to: (a) matrimonial/family disputes; (b) commercial offences; (c) medical negligence cases; (d) corruption cases; or (e) cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over three months delay in reporting the matter without satisfactorily explaining the reasons for the delay. The categorisation indicated being illustrative is not exhaustive of the cases that may warrant preliminary inquiry. Preliminary inquiry, when held, should be conducted without causing delay and in a time bound manner. Reasons leading to the inquiry, causes and delay are to be mandatorily and meticulously recorded in the General Dairy entry. Lalita Kumari (supra) initially held that the preliminary inquiry must be completed within 7 days, which period was felt to be unrealistic in some cases and accordingly clause (vii) of the judgment dated 12th November, 2012 was modified vide order dated 05th March 2014 in the following terms:-