This blog post covers a recent court decision where a request to make the police file a report was turned down. The person asking, N Kiran Kumar, wanted the court to step in, but the legal system had other plans.
N Kiran Kumar filed a request asking the court to make the police file a report based on his complaint from May 13, 2016. He thought the police weren't doing their job by ignoring his complaint about a serious crime.
"N Kiran Kumar’s issue is that the police in charge did not file a case after his complaint."
The case was heard by Judge N. Tukaramji. The government lawyer, Mr. R. Laxmikanth Reddy, argued that this request wasn't the right way to handle it. According to him, there are already set steps to follow for such matters.
The court referred to several Supreme Court cases, like Sakiri Vasu v. State of U.P. and M. Subramaniam v. S. Janaki, which say that requests like this aren't the way to deal with police report issues. Instead, N Kiran Kumar should go to a Magistrate as per the law.
"The Supreme Court has said that a request under Article 226 is usually not allowed when the issue is about not filing a police report."
Judge N. Tukaramji concluded that N Kiran Kumar hadn't shown any special reasons that would justify using this kind of request. The court turned down the request, saying N Kiran Kumar should use the existing legal options.
"Based on the established legal rules, the help sought by N Kiran Kumar cannot be provided."
The court's decision emphasizes that there are specific legal steps to follow when dealing with not filing police reports. This case serves as a reminder to use the right legal channels before seeking unusual measures.
