NARENDRA KUMAR VYAS
Salim Sikander Ekka S/o Shri Victor Ekka – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. As common question of law and facts are involved in both miscellaneous criminal petitions, they heard analogously and are being disposed of by this common order.
2. The petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 (henceforth “CrPC” assailing the order dated 01.10.2022 passed by Judicial Magistrate, First Class, Dabra District Janjgir Champa (C.G.) in un-registered Case/2022 whereby the application under Section 156(3) of the Cr.P.C. filed by respondent No. 2/Income Tax Department has been allowed and directed the concerned SHO to register the FIR under Section 154 of the Cr.P.C. against the petitioners and to investigate the matter in accordance with law. Learned Judicial Magistrate First Class while issuing the direction for investigation has observed that as per the judgment of Hon’ble Supreme Court in the case of Lalita Kumari vs. State of U.P. 2014 (2) SCC 1, if any cognizable offence is intimated to the police then registration of crime is mandatory. It has also been recorded that as per judgment of Hon’ble Supreme Court in the case of Sakri Basu the magistrate has ample power for issuing direction for registratio
A.R.Antulay v. Ramdas Srinikwas Nayak and Anr. (1984) 2 SCC 500
Anil Kumar vs. M.K. Aiyappa 2013 (10) SCC 705.
Babu Venkatesh and Others vs. State of Karnataka and Another (2022) 5 SCC 639
Gopal Das Sindhi and Others vs. State of Assam and Another
Lalita Kumar vs Union of India reported in 2014(2) SCC 1
Lalita Kumari vs. State of U.P. 2014 (2) SCC 1
Manohar Lal vs. Vinesh Anand & Ors. (2001) 5 SCC 407
Mona Panwar vs. High Court of Judicature of Allahabad through its Registrar and Others
Priyanka Srivastava and another vs. State of Uttar Pradesh and others (2015) 6 SCC 287
Ramdev Food Products Private Limited vs State of Gujarat (2015) 6 SCC 439
Sakiri Vasu vs. State of Uttar Pradesh and Others (2008) 2 SCC 409
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