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Rinku Singh @ Deepak Kumar @ Deepak Kumar ... vs The State Of Bihar on 1 February, 2022 cites

Seethalakshmi vs State Of Tamil Nadu And Ors. on 17 October, 1989

In the opinion of this Court, the judgment of Madras High Court rendered in the case of Seethalakshmi (supra) relied upon by Sri Mukul Rohatgi, learned Senior Advocate, is not applicable in the facts of the present case. The complainant cannot be allowed to approach the police officer superior in rank to an officer in-charge of a Police Station, who Patna High Court CR. MISC. No.38807 of 2020(15) dt.01-02-2022 28/29 may exercise the same powers throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. Unless and until, an F.I.R. is lodged by the complainant and if the same is not registered by the Station House Officer of the concerned Police Station, under whose jurisdiction the crime has been committed, the complainant cannot approach the superior police officer in rank to the Officer-in-Charge of the Police Station. In the opinion of this Court, filing of F.I.R. is most essential and the same should be done chronologically. Initially, the complainant must try to lodge the F.I.R. under Section 154 of the Cr.P.C. as primary duty to register F.I.R. is of the Station House Officer of the concerned Police Station and if the Station House Officer of the concerned Police Station refused to register the F.I.R. then the complainant must move under Section 154(3) and under Section 36 of the Cr.P.C. by filing a written complaint to the Superintendent of Police of the concerned district, who may exercise the same powers as being exercised by the Station House Officer of the concerned Police Station and on refusal of the same by the Superintendent of Police, the complainant may move the Court under Section 156 (3) of the Cr.P.C. for registration of the complaint and sending it to the Police Station for registration of Patna High Court CR. MISC. No.38807 of 2020(15) dt.01-02-2022 29/29 the F.I.R. and investigation.
Madras High Court Cites 28 - Cited by 6 - M Srinivasan - Full Document
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