जब भी police complaint करे तो General Diary Number demand करे.

 

WITHOUT GENERAL DIARY NUMBER YOUR COMPLAINT HAVE NO VALUE AND IT MEANS THAT YOUR COMPLAINT IS NOT IN RECORD....

A general diary (GD) entry or a daily diary entry is made when any kind of complaint is lodged and the police enter the details in their records. Thereafter, if the police believe that there is some prima facie evidence of a cognizable offense being committed, it is registered as an FIR.

As requested by complainant in the CRPC 156 (3) matter the inquiry report has not been called from vishnu nagar police station till date. The additional copy of complaint was submitted during filing .Complainant request to call report from Vishnu nagar police station with diary remark.

The police has not entered my complaint in general diary till date ie last six month. In Madhu Bala vs. Suresh Kumar (1997) 8 SCC 476, Supreme Court has held that FIR must be registered in the FIR Register which shall be a book consisting of 200 pages. It is true that the substance of the information is also to be mentioned in the Daily diary (or the general diary).

The question of drawing an adverse inference against the prosecution for non-production of the Case diary or the general diary would have arisen had the Court passed an order being satisfied that the prosecution intended to suppress some facts which were material for the purposes of arriving at the truth or otherwise of the prosecution case[AIR 2006 SC 2419]Supreme Court of India,Ashok Kumar & Ors vs State Of Tamil Nadu on 5 May, 2006

 General diary Entry[GD] may be treated as a First Information Report, where it discloses the commission of a cognizable offence. In the instant case, the facts stated in the G.D. Entry are that the respondent was a corrupt official and was in the habit of accepting illegal gratification; that he had demanded and accepted cash to the tune of rupees one lakh approximately; and that he would be carrying with him the said amount while travelling in train. If these assertions are accepted on their face value, clearly an offence of criminal misconduct under Section 13 of the Prevention of Corruption Act, 1988 is made out. It cannot be disputed that such offence of criminal misconduct is a cognizable offence having regard to the second item of the last part of Schedule 1 of the Code of Criminal Procedure under head “II Classification of Offences Against—Other law.” Therefore, said information received by the police could be treated as First Information Report. Same could not be discarded as vague on the ground that it was not stated from whom the sum of rupees one lakh was demanded and accepted nor was it stated that such demand or acceptance was made as motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show in exercise of his official function, favour or disfavour to any person or for rendering, attempting to render any service or disservice to any person. Thus the investigation and arrest of respondent-accused by police could not be said to be illegal as the allegations stated in the general diary Entry certainly give rise to a suspicion that a cognizable offence may have been committed by the respondent [AIR 2003 SC 4140 ]

Supreme Court In case Superintendent of Police, CBI v/s Tapan Kr. Singh, 2003 Cri.L.J.2322(1), held that a GD entry may be treated as First information in an appropriate case, where it discloses the commission of a cognizable offence.

Supreme Court of India CONSTITUTUION BENCH ORDER 

Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013

https://indiankanoon.org/doc/10239019/

Conclusion/Directions:

111) In view of the aforesaid discussion, we hold:

i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.

v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.

vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:

a) Matrimonial disputes/ family disputes

b) Commercial offences

c) Medical negligence cases

d) Corruption cases

e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.

The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.

vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.

viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

112) With the above directions, we dispose of the reference made to us. List all the matters before the appropriate Bench for disposal on merits

क्या है जीडी (GD) 

पुलिसिंग (Policing) में कई ऐसे शब्द (Word) हैं, जिनका इस्तेमाल पुलिस (Police) हर दिन करती है. ऐसा ही एक शब्द आमतौर पर पुलिसवालों की जुबान पर रहता है, वो है जीडी (GD). यह एक अंग्रेजी शब्द की शॉर्ट फॉर्म (Short form) होती है. जिसका मतलब (Meaning) होता है जनरल डायरी (General Diary). हिंदी में इसका अर्थ 'सामान्य दैनिकी' होता है. इसे पुलिस का रोजनामचा भी कहा जाता है. पुलिस एक्ट 1861 (Police Act 1861) की धारा 44 (सेक्शन 44) में इसकी परिभाषा मिलती है. जनरल डायरी (GD) पुलिस थाने का एक ऐसा दस्तावेज (Document) होती है, जिसमें थाने (PS) और थानाध्यक्ष (SHO) की हर कार्रवाई (Action) का ब्योरा (Details) लिखा जाता है. हर थाने की जीडी में पूरे 24 घंटे का ब्योरा दर्ज किया जाता है. सबसे पहले सुबह 4 से 6 बजे के दौरान नक्शा नौकरी (Map job) की एंट्री की जाती है. जिसमें एसएचओ (SHO) उस दिन के लिए अपने अधीन सभी पुलिसकर्मियों का कार्य विभाजन (Division of work) करता है और उसका ब्योरा GD में लिखते है.

https://advocatetanmoy.com/2020/07/20/general-diary-difference-with-fir/