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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Ravindra Kumar Agrawal, J
D.d. Mahant S/o Balram Mahant – Appellant
Versus
Firoz Khan S/o Sikandar Khan – Respondent
ORDER :
(Ravindra Kumar Agrawal, J.)
1. The issue involved in all these petitions are one and the same and therefore for the sake of brevity, they are being heard and decided together by this common order.
2. All these petitions have been filed under Section 482 CrPC by the petitioners/accused persons No.1&2 against the impugned order dated 06.09.2018 passed by the Judicial Magistrate First Class, Mahasamund (in short, JMFC) in Criminal Complaint Case Nos. 1206/2018, 1207/2018 and 1212/2018 respectively whereby the JMFC, Mahasamund have registered the complaint case against the petitioners for the offence under Sections 420, 467, 468, 471 and 120-B IPC and issued process against them.
3. In all these petitions/complaint case, the complainant/respondent No.1 had initially moved an application under Section 156(3) CrPC before the trial court on 30.11.2012 alleging in it that certain lands have been given on lease to other respondents/accused persons which were not transferable without prior permission of the District Collector and it was only for agriculture purposes. The land was given to them in the year 1994-95. The concerned allottees of land, in connivance with present petitioners,
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 court clarified that a Magistrate's order for police investigation under Section 156(3) does not constitute taking cognizance of an offence, allowing for subsequent proceedings under the appropri....
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....
The main legal point established in the judgment is the requirement for the Judicial Magistrate to pass a reasoned order before directing the registration of an FIR under Section 156(3) of the CrPC.
The main legal point established in the judgment is the need for the Magistrate to apply judicial mind before directing investigation under section 156(3) Cr.P.C. and the wide powers of the Magistrat....
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 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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