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ABHAY S. OKA, UJJAL BHUYAN
Ranjit Singh Bath – Appellant
Versus
Union Territory Chandigarh – Respondent
ORDER :
Heard the learned counsel appearing for the appellants and the learned senior counsel appearing for the second respondent-complainant.
2. On the basis of a complaint filed by the second respondent invoking Section 156(3) of the Code of Criminal Procedure, 1973 (for short, "the CRPC"), an order was passed by the learned Judicial Magistrate on 14th June, 2017 directing the concerned Police Station to register a First Information Report for the offences punishable under Section 420 and 120-B of the Indian Penal Code, 1860 (for short, "the IPC"). The order of the learned Magistrate was challenged by filing a quashing petition before the High Court of Punjab and Haryana at Chandigarh. The High Court has dismissed the quashing petition by the impugned order.
3. The learned counsel appearing for the appellants relies upon a decision of this Court in the case of Mrs. Priyanka Srivastava and Anr. v. State of U.P. & Ors., 2015) 6 SCC 287. He invited out attention to what is held in paragraph 27 of the said decision. He also relied upon a decision of this Court in the case Babu Venkatesh & Ors. v. State of Karnataka & Anr., (2022) 5 SCC 639, which follows the decision in the case of Priy
Direction for Police investigation – Before complainant chooses to adopt remedy under Section 156(3) of Cr.P.C., he must exhaust his remedies under sub-Sections (1) and (3) of Section 154 of Cr.P.C. ....
The main legal point established in the judgment is the necessity for judicial reasoning and compliance with Sections 154(1) and 154(3) of the CrPC before resorting to Section 156(3) of the CrPC, as ....
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
Applications under Section 156(3) of Cr.P.C. must be supported by a sworn affidavit to ensure accountability and prevent misuse of judicial authority.
The court emphasized the necessity for adherence to procedural mandates in criminal proceedings, specifically requiring compliance with Section 154(3) of the Cr.P.C. before ordering investigation.
The police can investigate a cognizable offence under Section 156(1) only after the registration of an F.I.R, and the court has the authority to order investigation under Section 156(3) Cr.P.C.
Section 166A(c) of IPC applies only to specific offences; failure to register FIR for other cognizable offences does not constitute an offence under this section.
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