Section 166A(c) of IPC applies only to specified cognizable offences; failure to register FIR for other cognizable offences does not constitute an offence under this section.

JUDGMENT :

ROHIT W. JOSHI, J.

1. The applicants in the present matter are arrayed as accused Nos. 1 and 2 in First Information Report No. 42 of 2022 registered withPolice Station Gevrai, District Beed on 27.01.2022 for the offence punishable under Sections 166A of the Indian Penal Code (herein after referred to as 'IPC" for brevity). The said First Information Report is registered pursuant to order dated 24.01.2022 passed by the learned Judicial Magistrate First Class Court No. 2 (hereinafter referred to as 'J.M.F.C' for brevity)- Gevrai District Beed on application at Exhibit 7 in Criminal Misc. Application No. 391 of 2021. The applicant Nos. 1 and 2 were posted as Police Inspector and Police Station Officer at Police Station Gevrai on 21.03.2016. Respondent No.2-informant is an Advocate. He has stated that he had visited police station Gevrai on 21.03.2016 for lodging First Information Report against one Aniket Radheshyam Attal and 12 others for the offence punishable under Sections 420, 465, 467, 468, 471, 477-A, 120B and 109 of the IPC. He states that the present applicants were duty bound to register the First Information Report since the offence was a cognizable offence, however, they failed to perform their mandatory duty and as such committed offence punishable under Section 166-A of the I. P. C.

2. Respondent No.2 had initially filed a private complaint on 25.07.2021 against the present applicants vide Criminal Misc. Application No. 391 of 2021. The said complaint was posted for recording verification statement vide order dated 09.10.2021. Thereafter, respondent No.2 filed application dated 18.12.2021 vide Exhibit 7 stating that rather than taking cognizance of the complaint,appropriate order could be passed under section 156(3) of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.) directing Gevrai Police Station to register First Information Report and investigate the matter. The learned J.M.F.C was pleased to pass the order dated 24.01.2022 directing the police inspector, Gevrai Police Station to register First Information Report against the present applicants for offence punishable under Section 166A of the IPC and to investigate the matter in accordance with law. In compliance of the said order, respondent No.1 has registered offence against the present applicants for offence punishable under Section 166A of the IPC on 27.01.2022 vide First Information Report No. 42 of 2022. The applicants are aggrieved by the said order dated 24.01.2022 and the First Information Report registered on 27.01.2022. They have therefore, challenged the same in the present proceeding which is filed under Section 482 of the Cr.P.C.

3. Learned Advocate Shri. S. J. Salunke for the applicants has raised the following contentions :-

(i) Offence under Section 166A of the IPC is not made out on account of failure to register First Information Report with respect to offences under Sections 420, 468, 477A, 120B and 109 of the I.P.C.

(ii) Misc. Criminal Application No. 391 of 2021 was not supported by an affidavit and was, therefore, liable to be rejected in view of judgments of Hon’ble Supreme Court in the matters of Babu Venkatesh Vs. State of Karnataka, (2022) 5 SCC 639 and Mrs. Priyanka Shrivasatva and Another Vs. State of Uttar Pradesh, AIR (2015) SC 1758.

(iii) Application under Section 156 (3) of the Cr. P. C could not have been entertained since procedure contemplated under Section 154 (3)Cr. P.C. was not followed ;

(iv) Order under Section 156(3) of the Cr.P.C. could not have been passed without prior sanction in view of proviso to Section 156(3) introduced vide Code of Criminal Procedure (Maharashtra Amendment) Act 2015 which has come into force w.e.f. 01.11.2016 ;

(v) The complaint and First Information Report are barred by limitation in view of Section 468(2)(b) of the Cr.P.C.

(vi) First Information Report registered pursuant to an illegal order also deserves to be quashed.

4. Per contra, Shri. A.R. Kale learned A.P.P. represen