However, in so far as General Diary is concerned, Section
12 of the Police Act, 2011 ( Kerala ) would give an idea as
to its purpose and intent. It reads as follows:
S.12. Police Station Diary:
Every police station shall keep a general
diary in such form as may be fixed by the
government from time to time and record
therein the substance of all complaints
made, first information reports, charges,
the names and details of complainants,
opposite parties and all arrested persons,
the details of the offences charged
against them, and properties including
weapons that may have been seized from
their possession or otherwise.
12.Thus it is pellucid that the General Diary maintained at
the Police Station is different from the Diary which is
required to be maintained by the Police Officer who is
making investigation under chapter XII of the code.
13.This misconception was taken note of by the Apex Court
in Shamshul Kanwar V State of U.P. (AIR 1995 SC
1748 ) and in paragraph No. 12 of the judgment has held
that the General Diary as well as the diary maintained
under Section 172 of the Code are essentially different.
14.What has now been sought for by the petitioner is the
copies of the entries in the general diary maintained in the
Police Station and not the Diary maintained by the
investigating officer. The Station house officer of the
Sultan Bathery Police Station was not conducting the
investigation under Chapter XII. The embargo placed
under Section 172 (3) of the Code will not apply to the
General Diary maintained in the Police Station. The finding
of the learned Additional Sessions Judge that the General
Diary maintained by the Station house officer is one
maintained under Section 172 of the Code is clearly
erroneous.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
MR. JUSTICE RAJA VIJAYARAGHAVAN V
14TH DAY OF OCTOBER 2016
Crl.MC.No. 6069 of 2016
SHIJU.P.T. Vs STATE OF KERALA,
Citation: 2017 CRLJ(NOC)93 Ker
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12 of the Police Act, 2011 ( Kerala ) would give an idea as
to its purpose and intent. It reads as follows:
S.12. Police Station Diary:
Every police station shall keep a general
diary in such form as may be fixed by the
government from time to time and record
therein the substance of all complaints
made, first information reports, charges,
the names and details of complainants,
opposite parties and all arrested persons,
the details of the offences charged
against them, and properties including
weapons that may have been seized from
their possession or otherwise.
12.Thus it is pellucid that the General Diary maintained at
the Police Station is different from the Diary which is
required to be maintained by the Police Officer who is
making investigation under chapter XII of the code.
13.This misconception was taken note of by the Apex Court
in Shamshul Kanwar V State of U.P. (AIR 1995 SC
1748 ) and in paragraph No. 12 of the judgment has held
that the General Diary as well as the diary maintained
under Section 172 of the Code are essentially different.
14.What has now been sought for by the petitioner is the
copies of the entries in the general diary maintained in the
Police Station and not the Diary maintained by the
investigating officer. The Station house officer of the
Sultan Bathery Police Station was not conducting the
investigation under Chapter XII. The embargo placed
under Section 172 (3) of the Code will not apply to the
General Diary maintained in the Police Station. The finding
of the learned Additional Sessions Judge that the General
Diary maintained by the Station house officer is one
maintained under Section 172 of the Code is clearly
erroneous.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
MR. JUSTICE RAJA VIJAYARAGHAVAN V
14TH DAY OF OCTOBER 2016
Crl.MC.No. 6069 of 2016
SHIJU.P.T. Vs STATE OF KERALA,
Citation: 2017 CRLJ(NOC)93 Ker
