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MANISH CHOUDHURY
Abu Bakkar Siddique S/o Late Mizanur Rahman – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. M.U. Mondal, learned counsel for the petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1, 2, 3, 7, 8, 9, 10, 11, 12 & 13; and Ms. M.D. Bora, learned Standing Counsel, Transport Department for the respondent nos. 4 & 5.
2. The relevant and necessary events leading to the institution of this writ petition can be stated, in brief, at first.
3. The petitioner is the registered owner of a vehicle (Bolero Power + ZLX MICRO HYBRID BS4) bearing Registration no. AS-26/B-6001, Chassis no. MAIXK2WJXJ6H43332 and Engine no. WJJ6G68869 (‘the subject-vehicle’ for short).
4. The petitioner has stated that on 15.10.2019, the subject-vehicle got stolen from the residence of one Amzad Ali at Madalijhar. In connection with the said incident of theft, the petitioner’s son, Saddam Hussain had lodged one First Information Report (FIR) before the Officer In-Charge, Sorbhog Police Station on 16.10.2019 and the said FIR was registered as Sorbhog Police Station Case no. 211/2019 under Section 379, IPC. On 19.10.2019, the petitioner intimated the incident of theft of the subject-vehicle to the respondent no. 4. The petitioner s
The court emphasized the Magistrate's authority to ensure proper investigation and take cognizance of offences, independent of police conclusions.
The duty of the Investigating Officer to find the truth, the powers of the Magistrate to ensure proper investigation, and the importance of fair and just investigation under Article 21 of the Constit....
The appropriate remedy for non-registration of an FIR is to approach the Magistrate under Section 156(3) CrPC, rather than filing a writ petition.
The court ruled that aggrieved parties must seek investigation remedies through the Magistrate under Section 175(3) of the BNSS, 2023, rather than filing writ petitions under Article 226.
Point of law: although Sec. 156(3) is very briefly worded, there is an implied power in the Magistrate under Sec. 156(3) Cr.P.C. to order registration of a criminal offence and / or to direct the off....
The High Court should not entertain writ petitions for police action or investigation monitoring when alternative statutory remedies exist before the police and the jurisdictional Magistrate. The pow....
A magistrate can only direct the officer in charge of a police station to register an FIR; directions to superior officers exceed this authority.
Failure to register FIR does not justify High Court intervention when alternative remedies are available.
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.
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