Supreme Court of India

State of Andhra Pradesh v Punati Ramulu

1993 Supp (2) SCC 547 (as in the existing file)19931 min read
The case in brief30-second read
Facts
Information about a cognizable offence was given to a police constable, who refused to record it on the ground that the police station did not have territorial jurisdiction over the place of the offence.
Issue
Whether a police officer can refuse to record information about a cognizable offence on the ground of lack of territorial jurisdiction.
Held
The refusal to record the information on the ground that the police station lacked territorial jurisdiction was a dereliction of duty. The officer was bound to record the information and forward it to the police station having jurisdiction.
Principle
Police cannot refuse to record an FIR on the ground of territorial jurisdiction.
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Facts

  • Information about a cognizable offence was given to a police constable, who refused to record it on the ground that the police station did not have territorial jurisdiction over the place of the offence.

Issue

  1. Whether a police officer can refuse to record information about a cognizable offence on the ground of lack of territorial jurisdiction.

Held

  • The refusal to record the information on the ground that the police station lacked territorial jurisdiction was a dereliction of duty. The officer was bound to record the information and forward it to the police station having jurisdiction.

Ratio decidendi

A police officer who receives information of a cognizable offence must record it even if the offence occurred outside the territorial jurisdiction of the police station, and must forward it to the station having jurisdiction. Refusing to record it on that ground is a dereliction of duty.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for the duty to record information of a cognizable offence regardless of territorial jurisdiction, now reflected in S.173(1) BNSS ("irrespective of the area where the offence is committed").
  • Key line for exam: "Police cannot refuse to record an FIR on the ground of territorial jurisdiction."

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Citation

State of Andhra Pradesh v Punati Ramulu 1993 Supp (2) SCC 547 (as in the existing file)

Reported: https://indiankanoon.org/doc/1289339/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.