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Syed Shahnawaz Hussain – Appellant
Versus
State And Another – Respondent
JUDGMENT
1. This petition has been filed under Section 482 of the Code of Criminal Procedure ('Cr.P.C.', for short) against the judgment of the learned Special Judge (PC Act), CBI-01(South), Saket Courts, New Delhi dated 12th July, 2018 dismissing the revision petition preferred by the present petitioner against the orders of the learned Metropolitan Magistrate-05 (South), Saket Courts, New Delhi dated 7th July, 2018 passed in a complaint case filed by the respondent No.2.
2. The relevant facts leading up to the present petition may be briefly stated. The respondent No.2 had filed a complaint case under Section 200 Cr.P.C. read with Section 190 Cr.P.C. alleging the commission of offences under Section 376/328/120B/506 of the Indian Penal Code (IPC for short) by the petitioner herein. Along with the said complaint, she also filed an application under Section 156(3) Cr.P.C. seeking directions to the Police for the registration of an FIR against the petitioner for the commission of the said offences under Sections 376/328/120B/506 IPC. This complaint was filed on 21st June, 2018 which was listed before the learned MM on 25th June, 2018 when an Action Taken Report (ATR) was called from t
The FIR is the foundation for investigation, and compliance with Section 154(1) Cr.P.C. can be fulfilled by a complaint to the Commissioner of Police.
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
Revision maintainable against dismissal of Section 156(3) CrPC application; prior police complaints evidenced by postal receipts satisfy precondition; forgery to obtain scheme benefits discloses cogn....
The police are mandated to register an FIR when information discloses a cognizable offense, without questioning the reliability of the information at that stage.
The registration of an FIR is mandatory if it discloses a cognizable offence, and the police cannot conduct a preliminary inquiry at their discretion.
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