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2023 Supreme(SC) 472

M. R. SHAH, SANJIV KHANNA
Kailash Vijayvargiya – Appellant
Versus
Rajlakshmi Chaudhuri – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Nachiketa Joshi, AOR Mr. Arvind Gupta, AOR Mr. Anil Kumar Sahu, Adv. Mr. Mohit Bidhuri, Adv. Mr. Mahesh Jethmalani, Sr.Adv. Mr. Kabir Shankar Bose, Adv. Mr. Amit Mishra, Adv. Mr. Surjendu Sankar Das, AOR Ms. Annie Mittal, Adv.
For the Respondent(s): M/s. PLR Chambers And Co., AOR Mr. Rauf Rahim, AOR Mr. R. Basant, Sr. Adv. Ms. Astha Sharma, AOR Mr. Srisatya Mohanty, Adv. Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Bhanu Mishra, Adv. Mr. Devvrat Singh, Adv. Ms. Muskan Surana, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. Registration of FIR is mandatory for cognizable offences, but arrest upon registration is not necessarily automatic (!) (!) .
  2. Once a Magistrate has taken cognizance of a case, he cannot request police investigation under Section 156(3) Cr.P.C. (!) (!) (!) .
  3. The court generally refrains from interfering with ongoing investigations unless the materials do not disclose an offence, in which case investigation may not be permitted (!) .
  4. At the stage of a complaint or application under Section 156(3), a Magistrate has limited jurisdiction and should primarily verify whether the allegations disclose a cognizable offence, without delving into the veracity or credibility of the allegations (!) (!) .
  5. The law recognizes that the Magistrate can exercise discretion to direct police to register an FIR and investigate if allegations suggest a cognizable offence, but cannot conduct a full inquiry or assess the truth at this pre-cognizance stage (!) (!) .
  6. The power to order investigation under Section 156(3) is to be exercised judiciously, with the Magistrate applying his mind to whether the allegations disclose a cognizable offence, and not based on merit or credibility of the case (!) (!) .
  7. The scope of inquiry under Section 202 is different and involves assessing whether there are sufficient grounds to proceed, which is a subsequent stage after cognizance (!) .
  8. Delay in filing complaints is a relevant factor, but it does not automatically disqualify the complaint; the reasons for delay and the conduct of the complainant are also considered (!) (!) .
  9. The law aims to balance the rights of the victim to seek investigation and the need to prevent false or malicious complaints, emphasizing that allegations of serious offences like rape require careful scrutiny but not a detailed preliminary inquiry at the initial stage (!) (!) .
  10. The Magistrate's role at the initial stage is limited to ensuring that the allegations prima facie disclose a cognizable offence and exercising discretion whether to direct investigation or proceed further under other provisions (!) (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on these points.


JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.10.2021 passed by the High Court of Calcutta in Criminal Revision Application No. 92/2021, by which the High Court has allowed the said revision application preferred by respondent no.1 herein – original complainant (victim) and has quashed and set aside order dated 12.11.2020 passed by the learned Chief Judicial Magistrate, Alipore (for short, ‘learned CJM’) rejecting the petition filed by respondent no.1 herein – original complainant under Section 156(3) of the Code of Criminal Procedure,1973 (Code/Cr.PC) original respondent nos. 2 to 4 (alleged accused) have preferred the present appeals.

2. The facts leading the present appeals in a nutshell are as under:

That respondent no.1 herein – original complainant lodged a complaint under Section 156(3) Cr.P.C. in the Court of learned CJM, making allegations against the appellants herein alleging that she was raped by all the three appellants on 29.11.2018 at about 5:00 p.m. at the residence of original accused no.3 – Kailash Vijayvargiya, when she was invited to discuss another Crime No. 1 of 2018 registered against their colleagues


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