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october 2007

Supreme Court of India · 2007-10-12

RAJINDER SINGH KATOCH vs CHANDIGARH ADMIN. .

Citation / case number
SC 2006/9440
Court
Supreme Court of India
Petitioner
RAJINDER SINGH KATOCH
Respondent
CHANDIGARH ADMIN. .
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court held that the appellant's right to reside in a jointly owned family property cannot be enforced through criminal proceedings, as such rights are civil in nature. The Court emphasized that under Section 154 of the Code of Criminal Procedure, police officers are required to register a First Information Report (FIR) only when allegations disclose a cognizable offence, but they may conduct a preliminary inquiry to assess the validity of the complaint. In this case, the Court upheld the lower court's decision, finding that the appellant's complaint was false and aimed at illegally taking possession of the property.

RAJINDER SINGH KATOCH vs CHANDIGARH ADMIN. . · Niyam