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Santosh Kumar Mishra vs The State Of Madhya Pradesh on 25 July, 2024

The course available, when the police does not carry out the statutory requirements under Section 154 was directly in issue in All India Institute of Medical Sciences case [(1996) 11 SCC 582 : 1997 SCC (Cri) 303] , Gangadhar case [(2004) 7 SCC 768 : 2005 SCC (Cri) 404] , Hari Singh case [(2006) 5 SCC 733 : (2006) 3 SCC (Cri) 63] and Minu Kumari case [(2006) 4 SCC 359 : (2006) 2 SCC (Cri) 310] . The correct position in law, therefore, is that the police officials ought to register the FIR whenever facts brought to their notice show that cognizable offence has been made out. In case the police officials fail to do so, the modalities to be adopted are as set out in Section 190 read with Section 200 of the Code. It appears that in the present case initially the case was tagged by order dated 24-2-2003 with WP (C) No. 530 of 2002 and WP (C) No. 221 of 2002. Subsequently, these writ petitions were delinked from the aforesaid writ petitions.
Madhya Pradesh High Court Cites 20 - Cited by 0 - G S Ahluwalia - Full Document
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