Police Must Mention Details Of Complainant, Gist Of Complaint In Station Diary Before Proceeding For Verification: Patna High Court
The Patna High Court has said the police, before carrying out a verification exercise, must first mention the name of the complainant, his details and gist of the complaint in the station diary and then proceed for verification. “If the police get any complaint, it should at least mention the name of the complainant, his details and a gist of the complaint in the station...
The Patna High Court has said the police, before carrying out a verification exercise, must first mention the name of the complainant, his details and gist of the complaint in the station diary and then proceed for verification.
“If the police get any complaint, it should at least mention the name of the complainant, his details and a gist of the complaint in the station diary before proceeding to verify the allegations,” a bench of Justice Sandeep Kumar observed.
The court was hearing a petition filed by a local authorized representative and Manager of Mandolian Jewellers Private Limited. He alleged that after he opened his shop, there was resentment amongst the local jewellery shop owners and with the help of local police, they managed to get the premises inspected. The police officials of Gandhi Maidan Police Station illegally arrested the staff and also took away the daily sale register and bill book of the shop, the plea alleged.
He further submitted that the police officials have also illegally restrained him from opening his shop and that same has created a feeling of terror amongst his employees.
However, the court was also informed that the case has now become infructuous as the petitioner has closed his shop and left Bihar.
The Officer-in-Charge of the Gandhi Maidan Police Station, who was present in court, submitted the station diary and argued that he had gone to the shop of the petitioner to verify a complaint.
The court was surprised to note that the station diary had no mention of the name of the complainant or details of the complaint.
“This kind of visit by the Police disturbs a legitimate businessman,” the bench observed, adding that henceforth, the police will act in a proper manner.
The court also directed that the copy of the order be circulated to the Superintendents of Police in Bihar to protect businessmen from this kind of harassment.
"With the aforesaid observations and directions, this application is dismissed as having become infructuous," the bench said.
Case Details: Kumar Gaurav vs. State of Bihar & Ors.
Citation: 2023 LiveLaw (Pat) 52
For the Petitioner : Mr. Anuj Kumar, Advocate
For the State : Mr. Md. Nadim Seraj, G.P.-5 Ms. Shalini, A.C. to G.P.- 5