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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRA DHARI SINGH, J
HARMEET SINGH – Appellant
Versus
STATE GOVT. OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. petitions heard together for equitable adjudication. (Para 1 , 2) |
| 2. facts concerning property and alleged misconduct. (Para 3 , 4) |
| 3. court observations on police inaction amidst allegations. (Para 5 , 6 , 12) |
| 4. legal arguments challenging asj's findings. (Para 7 , 11) |
| 5. conclusion on proper judicial authority and final order. (Para 32 , 53) |
ORDER :
1. Since the reliefs sought in these petitions, i.e. CRL MC No. 4508/2013, CRL MC 4523/2013, CRL MC 4544/2013, are same and similar, and arising out of the same cause of action, these petitions have been heard together and are being disposed of vide this common order for proper adjudication.
2. The captioned petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter as the “Code”) [now under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter as the “BNSS”)] read with Article 227 of the Constitution of India have been filed on behalf of the petitioner seeking quashing of the order dated 17th July, 2013 (hereinafter as the ”impugned order”) passed by the learned Additional Sessions Judge-01 (East), Karkardooma Courts, Delhi (hereinafter as the “ASJ”).
3. The brief facts of the case
A magistrate can only direct the officer in charge of a police station to register an FIR; directions to superior officers exceed this authority.
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 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.
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 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.
The Magistrate has discretion under Section 156(3) of Cr.P.C. to determine the necessity of police investigation based on the nature of allegations and available evidence.
As per Section 154 of Cr.P.C. object of registration of FIR is that every information relating to cognizance of offence whether or given orally or otherwise officer incharge of police station has to ....
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