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REVATI MOHITE DERE, S. M. MODAK
Priya Paul – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
REVATI MOHITE DERE, J. - Heard learned counsel for the parties.
2. Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned A.P.P waives notice on behalf of the respondent No.1-State. Learned counsel for the respondent No.2 waives notice on behalf of the respondent No.2.
3. By these petitions, preferred under Article 226 of the Constitution of India and under Sec. 482 of the Criminal Procedure Code, the petitioners seeks quashing and setting aside of the impugned order dtd. 29/7/2019, passed by the State Police Complaints Authority, Maharashtra State, Mumbai, (hereinafter referred to as the 'SPCA'), in SPCA/Complaint Case No.579 of 2018, on the premise that the said authority had no jurisdiction to direct the police to register an offence, and, consequently the FIR registered pursuant to the said order, being C.R. No. 264 of 2019 dtd. 12/11/2019, with the Azad Maidan Police Station, Mumbai, for the alleged offences punishable under Ss. 409, 464, 465, 468, 471, 120B r/w 34 of the Indian Penal Code.
4. Quashing is essentially sought on the premise, that the SPCA had no authority in law to give directions to the polic
The main legal point established in the judgment is that the State Police Complaints Authority (SPCA) does not have the authority to direct the registration of an FIR, as its mandate is to conduct in....
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
A Magistrate cannot revert to the pre-cognizance stage after taking cognizance of a complaint, making the order to register an FIR legally untenable.
Once a Magistrate takes cognizance of an offense, he cannot revert to pre-cognizance stages, preventing subsequent orders for FIR registration.
The court emphasized the importance of jurisdiction and the presence of essential ingredients in alleged offenses, as per the relevant legal provisions.
The High Court should refrain from direct interference in police investigations and encourage petitioners to seek redress through formal statutory remedies under the Criminal Procedure Code.
The court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
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