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2025 Supreme(SC) 1114

PANKAJ MITHAL, S. V. N. BHATTI
Anurag Bhatnagar – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ranjit Kumar, Sr. Adv. (argued by) Mr. Shoeb Alam, Sr. Adv. Mr. S.S.Ray, Sr. Adv. Ms. Garima Prashad, Sr. Adv. Mr. Ashok Sharma, Adv. Mr. Bharat Chugh, Adv. Mr. Vaibhav Gulia, Adv. Mr. Jai Allagh, Adv. Ms. Rakhi Ray, AOR
For the Respondent(s): Mr. Jayant Bhushan, Sr. Adv.(argued by) Mr. Sidhartha Dave, Sr. Adv. Mr. Gurpreet Singh, Adv. Mr. Jatin S Sethi, Adv. Mr. Parv K Garg, Adv. Mr. Mohd. Osama, Adv. Mr. Mohammad Farman Ashraf, Adv. Mr. Abdul Ahad, Adv. Mr. Akbar Siddique, AOR
State Mr. Rajat Nair, Adv. (argued by) Mr. Sharath Narayan Nambiar, Adv. Ms. Indira Bhakar, Adv. Mr. Vinayak Sharma, Adv. Mr. Vatsal Joshi, Adv. Mr. Anuj Srinivas Udupa, Adv. Mr. Chitransh Sharma, Adv. Satvika Thakur, Adv. Yogya Rajpurohit, Adv. Mr. Aayush Saklani, Adv. Nitika Capoor, Adv. Mr. Subramaniam, Adv. Mr. Mukesh Kumar Maroria, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. An application under Section 156(3) of the Criminal Procedure Code (CrPC) cannot be filed directly with the court without first exhausting the available remedies with police authorities, such as approaching the officer-in-charge of the police station or the Superintendent of Police if the police refuse to record a cognizable offense (!) (!) (!) (!) .

  2. The order passed by the Magistrate under Section 156(3) must be a reasoned, speaking order that reflects application of judicial mind. Merely stating that counsel was heard and documents were perused is insufficient; the order must demonstrate that the Magistrate actually applied his mind to the allegations and material before him (!) (!) (!) .

  3. The order of registration of an FIR by the Magistrate, if found to be legally sound and based on a proper application of mind, cannot be invalidated solely because investigations have been completed or chargesheets have been filed. The legality of the initial order is crucial, and subsequent investigation or filing of chargesheets does not automatically warrant quashing the FIR (!) (!) (!) .

  4. The dispute raised in the FIR may involve elements of criminality such as cheating, conspiracy, and inducement, even if some aspects are of a civil nature. Criminal proceedings are permissible if there are allegations that involve criminal intent or conduct, and the mere civil nature of some claims does not preclude criminal investigation (!) (!) .

  5. The court should exercise its discretion to quash an FIR with great caution and only in exceptional cases where no cognizable offense is disclosed or where investigation would be an abuse of process. Routine interference at an early stage, especially after investigation and chargesheet submission, is generally unwarranted (!) (!) .

  6. A subsequent FIR based on similar allegations as an earlier FIR is generally not maintainable if investigations have been completed and a trial has resulted in conviction or acquittal. However, if the earlier FIR was stayed or not progressed to trial, a subsequent FIR may be permissible, provided the allegations are not identical in a manner that would amount to double jeopardy (!) (!) (!) .

  7. The court recognizes that the order directing registration of an FIR, if passed after proper application of judicial mind and in accordance with legal principles, is not illegal, and subsequent steps in investigation or prosecution do not justify interference unless there are procedural irregularities or violations of jurisdiction (!) (!) (!) .

  8. The overall approach emphasizes that the courts should respect the investigative process and avoid unwarranted interference unless there is a clear legal flaw or abuse of process, and that the application of principles of natural justice, such as providing reasons, is fundamental to judicial orders (!) (!) .

These points collectively highlight the importance of proper procedural conduct, application of judicial mind, and cautious exercise of inherent powers in the context of FIR registration and criminal investigations.


JUDGMENT :

(PANKAJ MITHAL, J.)

1. In Special Leave Petition (Crl.) No.18084 of 2024 and in Special Leave Petition (Crl.) No.18087 of 2024, the challenge is to the judgment and order of the High Court in Crl.M.C.2833 of 2005 and Crl.M.C.3244 of 2005 dated 3rd September, 2024 whereby petitions seeking quashing of the order dated 1st July, 2005 passed by the Metropolitan Magistrate, New Delhi and the criminal proceedings pursuant to the FIR No.380 of 2005 were dismissed.

2. In Special Leave Petition (Crl.) No.18094 of 2024, Special Leave Petition (Crl.) No.18091 of 2024 and Special Leave Petition (Crl.) No.18095 of 2024, challenge is to the judgment and order of the High Court again dated 3rd September, 2024 whereby petitions seeking quashing of the order dated 3rd June, 2004 passed by the Metropolitan Magistrate, New Delhi and the criminal proceedings pursuant to the FIR No.326 of 2004 were refused on the same and identical grounds as contained in the above referred judgment passed in Crl.M.C.2833 of 2005 and Crl.M.C.3244 of 2005.

3. Since, in all the above SLPs, the facts and contentions are similar, they are being considered and decided by this Court vide common judgment by taking SLP

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