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M. S. SONAK, B. P. DESHPANDE
Asif Khan Pathan – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
BHARAT P.DESHPANDE, J. - Rule. Rule is made returnable forthwith.
2. Heard the matter finally at the stage of admission itself with consent of the parties.
3. The Petitioner who is an Accused in FIR No.41/2023 registered at Old Goa Police Station on 20/3/2023 at the instance of Respondent No.3, for the offences punishable under Sec. 323, 506(II), 354, 509, 427 of IPC is challenging it under Sec. 482 of Cr.P.C. basically on the ground that such FIR is a counterblast and secondly, the police failed to follow the procedure as laid down in Sec. 155(2) of Cr.P.C. by obtaining the permission of the learned Magistrate since already a non-cognizable case was registered with regard to the same incident by the wife of Respondent No.3 on 19/3/2023.
4. Heard learned Counsel Mr Arun de Sa appearing with Mr Anoop Gaonkar for the Petitioner, Mr Pravin Faldessai Additional Public Prosecutor for the State and Mr Chaitanya Padgaonkar appearing with Ms V. Mahato for Respondent No.3.
5. Mr de Sa, appearing for the Petitioner, submits that the Petitioner and Respondent No.3 are the members/flat owners of a complex known as Nine Jewel Apartments at Carambolim. There are in all nine flats,
The court established that the police cannot investigate a non-cognizable case or register an FIR based on the same facts without a Magistrate's permission, as mandated by Section 155(2) of the Cr.P.....
The police must obtain a Magistrate's permission before investigating a non-cognizable offence and registering an FIR based on the same facts, according to the Bharatiya Nyaya Sanhita, 2023.
The police are mandated to register an FIR when information discloses a cognizable offense, without questioning the reliability of the information at that stage.
The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
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.
The investigation of non-cognizable offences without the order of a Magistrate is illegal and cannot be cured. The impugned FIR must disclose a cognizable offence to justify an investigation by the p....
The Magistrate must judiciously exercise discretion in registering FIRs under Section 156(3) Cr.P.C., ensuring that mechanical refusals are avoided when cognizable offences are disclosed.
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
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