HC for mechanism to inform complainant about status of complaint
Bombay HC has suggested that Maha govt set up a mechanism whereby police can inform complainants that no `cognizable` offence is made out in a case.
Mumbai: The Bombay High Court has suggested that Maharashtra government set up a mechanism whereby police can inform complainants that no `cognizable` offence is made out in a case.
Cognizable offence is any serious offence where police have to conduct probe, without court`s order.
"If the police, after applying its mind, feels that no cognizable offence is made out from the complaint, then it should communicate this immediately. This will then allow the complainants to pursue other legal courses," division bench of Justices AS Oka and SS Jadhav said.
"Why not consider setting up a machinery for this," the court added.
The bench was hearing a petition filed by a person seeking direction to Thane police to initiate action on a complaint-letter sent by him in 2009. He had alleged cheating by a relation.
The police informed the court last week that it conducted inquiry and found that it was a civil dispute between family members, and no cognizable offence was made out.
"People write complaints to the police and do not get a response for years and then finally they approach High Court seeking relief. We have to tell them to adopt other legal remedies like filing private complaints (in Magistrate`s court). If you (police) feel no case is made out, then why can`t the police themselves inform the complainant? It is the police`s obligation," Justice Oka said.