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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
Y. G. KHOBRAGADE
Dashrath Madhav Khedkar – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
[Y. G. KHOBRAGADE, J.]
1. Rule. Rule made returnable forthwith and with the consent of both the parties it is heard finally.
2. By the present Petition under Article 227 of the Constitution of India, the Petitioner challenged the order dated 03.04.2024 passed by the learned Judicial Magistrate First Class, Pathardi, District Ahmednagar, in Criminal (O) M.A. No.27 of 2024, whereby prayer of the Petitioner for issuance of directions against the Police Station Officer, Pathardi Police Station, District Ahmednagar, to register F.I.R./ to conduct investigation has been declined.
3. Heard at length Mr. Hange, the learned counsel for the Petitioner and the learned APP for State.
4. Mr. Hange, the learned counsel appearing for the Petitioner canvassed that, the Petitioner filed a complaint Criminal (O) M.A. No.27 of 2024 and stated that, series of crimes are registered as against the accused No.1 Shri Balu @ Balasaheb Govind Khedkar and his associates as under:-
| Sr. No. | Crime Nos. | Offences U/s |
| 1 | Crime No.193 of 2013 | Sec. 395, 365 of I.P.C. |
| 2 | Crime No.159 of 2011 | Sec. 326 of I.P.C. |
| 3 | Crime No.377 of 2013 | Sec. 395, 341, 365 of I.P.C. |
| 4 | Summary Case No.425 of 2022 | Section 382 of Cr.P.C |
5. It is further
The Magistrate has discretion under Section 156(3) of the Cr.P.C. to determine if a prima facie case exists for police investigation, requiring sufficient evidence from the complainant.
The Magistrate has discretion under Section 156(3) of Cr.P.C. to determine the necessity of police investigation based on the nature of allegations and available evidence.
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....
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.
distinction between the investigation by the police officer under Section 156(3) and under Section 202(1) Cr.P.C. is that the former is at the pre-cognizance stage and the latter is at post cognizanc....
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
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