Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B,154

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B 154---Petition under Ss. 22-A 22-B, Cr.P.C.---Police report requisitioned by Justice of Peace---Where a Justice of Peace calls for a police report, he cannot ordinarily brush aside the same---In case he proposes to give his opinion contrary to the police report he is supposed to furnish tangible reasons for not relying upon the said report. Petitioner (accused) was the purchaser of the subject plot and the sellers and their legal heirs had no dispute with the petitioner. The petitioner got an FIR registered against persons A and I who allegedly tried to raise illegal construction and forcibly occupied the petitioners plot. The respondent, who was an employee of A and I filed a petition under sections 22-A and 22-B, Cr.P.C. before the Justice of Peace for lodging an FIR against the petitioner. The Justice of Peace sought a report from Superintended of Police, and in pursuance thereto, a report was submitted, wherein it was mentioned that just in order to counter the case registered against persons A and I, their employee i.e. the respondent had filed the application under sections 22-A and 22-B, Cr.P.C. against the petitioner; that the police had thoroughly enquired into the matter and no cognizable offence had been made out and thus prayed for dismissal of the application filed under sections 22-A and 22-B, Cr.P.C. Justice of Peace while passing the impugned order for recording statement of respondent under section 154, Cr.P.C. had not mentioned any plausible reasons for not relying on the report, submitted by Superintendent of Police rather passed the impugned order in a mechanical manner. Once Justice of Peace called for the police report, he could not ordinarily brush aside the same. In case he proposed to give his opinion contrary to the police report he was supposed to furnish tangible reasons for not relying upon the said report. During pendency of the present Constitutional petition, the concerned Sub-Divisional Police Officer (SDPO) was directed to personally conduct an inquiry, visit the site, call both the parties, record statements of the witnesses and submit his detailed report whether…

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