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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY, J.
R.P. Diwan S/o Late Ram Singh Diwan – Petitioner
Versus
State of Chhattisgarh – Respondent
C.R.M.P. Nos. 62, 94, 993 of 2016, C.R.M.P. No. 808 of 2015
Decided On : 09-08-2023
Indian Penal Code,1860 - Sections 147, 148, 149, 341, 294, 506 II - Criminal Procedure Code,1973 - Section 156(3) - Arms Act - Sections 25, 27 - Offence of Rioting ,armed with deadly weapons – Unlawful assembly - Challenged – Held, Based on legal principles laid down in above discussed decisions, it can safely be held that matters that have been finalized and decided by Court of law before 2015 cannot be reopened - Cases in which orders were passed by concerned Judicial Magistrates prior to 2015 but parties are continuing to contest matter, and matters that are still pending before higher courts, would be considered as a continuation of initial proceeding and in such cases, filing of an affidavit in support of an application under Section 156(3) Cr.P.C. as held in matter of (Supra) shall apply with full force - From a perusal of documents annexed, it appears that Civil Suits regarding the land dispute are also pending before Civil Court and in High Court of Delhi, which indicates that complainants have given a criminal hue to a civil dispute - Petitions are allowed.
ORDER :
1. In all these petitions, a common question of law and fact is involved; therefore, they are clubbed together, heard together and decided finally by this common order.
2. The petitioners have challenged the orders passed by the learned Chief Judicial Magistrate, Balodabazar, in Criminal Complaint Cases filed under Section 156(3) of the Cr.P.C. whereby a direction has been issued to the concerned Police Station to register FIR and submit the final report.
3. Facts of the cases (CRMP No. 808 of 2015 and CRMP No. 993 of 2016) are as follows:
(ii) Petitioner No. 2 and 3 in CRMP No. 808 of 2015 are staff of petitioner No. 1 Sudhir Agrawal.
(iii) At the relevant time, construction of a petrol pump on Pangaon Sonadi Marg was under process. On 25.06.2014, respondent No. 1 visited the site and started creating problems and thereafter the petitioner lodged an FIR against the respondent party and consequently, the police registered offence under Sections 147, 148, 149, 341, 294, 506 II of the IPC and Sections 25, 27 of the Arms Act, in which charge-sheet has been filed and the case is pending before the Court of Chief Judicial Magistrate, Balodabazar.
(iv) On 17.09.2014, a complaint was made by respondent No. 1 against the petitioners in connection with the incident that took place on 25.06.2014 making allegations that the petitioners assaulted and abused him using filthy language and also threatened him for life. Further case of respondent No. 1 is that when no action was taken, a complaint case was filed under Section 200 read with 156(3) of the Cr.P.C. for registration of offence punishable under Sections 147, 148, 341, 294, 506 II of the IPC and Sections 25 and 27 of the Arms Act (alleging that petitioner No. 1 Sudhir Agrawal brandished a revolver). Vide order dated 22.11.2014, the learned Chief Judicial Magistrate issued a direction to the concerned Police Station to register an FIR, conduct the investigation and submit a final report.
4. The facts of CRMP No. 62 of 2016 are as follows:
(ii) In the year 2013, respondent No. 3 approached petitioner No. 1 and 2 to sell a plot ad-measuring 5 acres, situated at Pangaon village, Tahsil Baloda Bazar, District Baloda Bazar-Bhatapara.
(iii) One Mr. A. K. Ratnakar represented himself as the power of attorney holder to manage the affairs of the said society.
(iv) Petitioner No. 1 and 2 purchased plots from respondent No. 3 through registered sale deeds dated 20.09.2013. Petitioner No. 1 bought a plot ad- measuring 0.62 acres for a consideration of Rs. 6.50 lakhs, while petitioner No. 2 purchased a plot admeasuring 4.38 acres for consideration of Rs. 10 lakhs.
(v) Petitioner No. 3 and 4 are attesting witnesses to the sale deeds.
(vi) Respondent No. 2 raised a dispute during the mutation of the property and filed a civil suit on 09.04.2014, challenging the sale deeds dated 20.09.2013, claiming to be the power of attorney holder of respondent No. 3/Society.
(vii) A complaint was made by respondent No. 2 before the concerned Police Station on 20.03.2014.
(viii) Respondent No. 2 filed a civil suit before the High Court of Delhi bearing Civil Suit No. SC (OS) 3221/2011 and Civil Court at Balodabazar, where respondent No. 2 and 3 claimed themselves to be the real owners.
(ix) The learned Civil Court granted interim relief and during the currency of the interim orders, plots were sold to innocent purchasers, including the petitioners.
(x) A contempt petition was filed in which petitioner No. 1 and 2 were impleaded as respondents.
(xi) Respondent No. 2 subsequently filed a complaint case against the petitioners un
SupremeToday
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
A Magistrate cannot register a subsequent complaint under Section 200 CrPC based on the same facts after a previous complaint has been quashed, as it exceeds jurisdiction.
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 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.
Magistrate has to always apply his mind on the allegations in the complaint where he may use his powers under Section 156(3) Cr. P.C. In this connection, it may be immediately added that where in an ....
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