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Supreme Court Of India

(From: Karnataka)*

Hon'ble Judge(s): N. V. Ramana, S. Abdul Nazeer , JJ

Police Act (5 of 1861) , S.44— General diary - Non-maintenance of, by Police Officers - Does not render whole prosecution illegal - However, it may have consequences on merits of case, which is matter of trial. Concept of maintaining General Diary has its origin under S. 44 of Act of 1861 as applicable to States, which makes it obligation for concerned Police Officer to maintain General Diary, but such non-maintenance per se may not be rendering whole prosecution illegal. However, on other hand, such non-maintenance of General Diary may have consequences on merits of case, which is matter of trial. Moreover, explanation of genesis of criminal case, in some cases, plays important role in establishing prosecution's case. @page-SC2702 Absence of entries in General Diary concerning preliminary enquiry would not be per se illegal. Criminal Petition No. 7166 of 2015, D/- 22-8-2016 (Kar.) Reversed.(Para 17 18) .....