NON-MAINTENANCE OF GENERAL DIARY PER SE WON’T RENDER WHOLE PROSECUTION ILLEGAL

SUPREME COURT: NON-MAINTENANCE OF GENERAL DIARY PER SE WON’T RENDER WHOLE PROSECUTION ILLEGAL

The Supreme Court has held that non-maintenance of General Diary per se will not render the whole prosecution illegal, though it may have consequences on the merits of the case, which is a matter of trial. A bench of Justice NV Ramana and Justice S Abdul Nazeer set aside a Karnataka High Court judgment that quashed entire criminal proceedings on the ground that preliminary report conducted by the police was done without any entries made in the Station Diary as to the conduction of the preliminary enquiry. The bench observed that the absence of entries in the General Diary concerning the preliminary enquiry would not be per se illegal as there is no provision of Cr.P.C barring investigating authority to investigate into matter, which may for some justifiable ground, not found to have been entered in the General Diary right after receiving the Confidential Information