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BIBHAS RANJAN DE
Anupama Katkar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. At the very outset, it would be pertinent to mention that both the preferred revision applications having same and identical facts and circumstances and originating out of the self-same cause of action shall be disposed of via this common judgment.
2. Both the revision applications were put into motion via one written complaint made by the opposite party no. 2, namely, Manohar Malani under Section 156 (3) of the Code of Criminal Procedure (for short Cr.P.C.) with the Ld. Additional Chief Judicial Magistrate (for short A.C.J.M.), Serampore who in turn forwarded the same to Uttarpara Police Station for investigation which gave rise to Uttarpara Police Station Case No. 284/2016 dated 23.05.2016 under Sections 204/406/409/420/466/467/468/469/471/474/34 of the Indian Penal Code (for short IPC).
Brief introduction of the parties alongwith backdrop:
3. With respect to CRR 3319 both the petitioners are the wives of the petitioners in connection with CRR 2578/18 /directors of Quick Heal Techonologies Ltd./ Company.
4. With respect to CRR 2578/18 petitioners no. 1 and 2 are directors of the company, petitioner no. 3 is the company itself, petitioner no. 4 is a pr
Applications under Sec. 156(3) of the Cr.P.C. must be supported by a sworn affidavit to ensure accountability and prevent frivolous litigation.
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
The main legal point established in the judgment is that the court should not interfere with the rejection of a discharge petition unless there is inherent perversity in the lower court's findings.
A Magistrate has the discretion to either register a case under Section 156(3) or treat it as a complaint; there is no obligation to register every application as an F.I.R.
Court's emphasis on procedural compliance and affidavit support in FIR challenges.
The court affirmed that a Magistrate can issue an order under Section 156(3) of Cr.P.C. after a revision, even if a prior complaint was dismissed, emphasizing the need for proper procedural adherence....
The magistrate must ensure a complaint discloses a cognizable offence before directing police investigation under Section 156(3) Cr.P.C., and a detailed affidavit is required to support such applicat....
The requirement to file an affidavit in support of a complaint under Section 156(3) CrPC is mandatory, and failure to comply results in dismissal of the complaint.
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