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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Parshant Vashishta, S/o. Shri Banarsi Das Vashishta – Appellant
Versus
State of Chhattisgarh, through the Secretary, Department of Home, Raipur (C. G. ) – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. The short point involved in the instant writ petition is, whether the learned Additional Sessions Judge (FTC), Durg, is justified in invoking power and jurisdiction under Section 156(3) of the CrPC in directing registration of first information report (FIR) and consequent investigation against the petitioners and to submit final report / closure report after finding compliance with the provisions contained in sub-sections (1) & (3) of Section 154 of the CrPC?
2. The aforesaid question arises in the following backdrop: -
3. Petitioner No.1 is the Principal of Delhi Public School, Risali Sector, Bhilai, whereas, other petitioners are Teachers / Lab Assistant working in the said school. It is the case of the petitioners that a complaint was received from the students of the school against the father of respondent No.3 namely Dr. Ramesh Prasad Dwivedi, Teacher (presently suspended) working in the school, alleging award of corporal punishment to the students whom he detained. On receipt of the said complaint, the matter was enquired by a committee and after due enquiry, though preliminary, the fact of award of corporal punishment was found proved and ultimat
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.
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
The main legal point established in the judgment is the abuse of process of law in criminal proceedings and the failure to follow proper procedure before filing applications under Section 156(3) Cr.P....
The main legal point established in the judgment is the necessity for judicial reasoning and compliance with Sections 154(1) and 154(3) of the CrPC before resorting to Section 156(3) of the CrPC, as ....
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The magistrate's discretion under Section 156(3) Cr.P.C. must be exercised judiciously, and the registration of an FIR is mandatory only when a cognizable offence is disclosed; otherwise, the applica....
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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