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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Narendra Singh Dhaddha, J.
Moolchand & Ors. – Appellants
Versus
State Of Rajasthan, Through Public Prosecutor. & Ors. – Respondents
S.B. Criminal Miscellaneous (Petition) No. 9104 of 2022
Decided On : 02-11-2022
Section 156 (3) Cr.P.C. - Criminal Miscellaneous Petition - The court allowed the petition and set aside the trial court's order, directing the trial court to send the complaint for investigation under Section 156 (3) Cr.P.C. to Police Station Chaksu.
Fact of the Case:
The petitioner filed a Criminal Miscellaneous Petition under Section 482 Cr.P.C. against the trial court's order rejecting the application for registration of FIR under Section 156 (3) Cr.P.C. The petitioner had filed a complaint against the respondents for various offences under IPC.
Finding of the Court:
The court found that a prima facie cognizable offence was made out in the complaint, and the trial court wrongly ordered an inquiry under Section 200 Cr.P.C. instead of sending the complaint for investigation under Section 156 (3) Cr.P.C. The petition was allowed, and the trial court's order was set aside, directing the complaint to be sent for investigation.
Issues: The issues involved the rejection of the application for registration of FIR under Section 156 (3) Cr.P.C. and the trial court's decision to order an inquiry under Section 200 Cr.P.C. instead of sending the complaint for investigation.
Ratio Decidendi: The court's decision was influenced by the finding that a prima facie cognizable offence was made out in the complaint, and the trial court's incorrect use of discretion in ordering an inquiry under Section 200 Cr.P.C. instead of sending the complaint for investigation under Section 156 (3) Cr.P.C.
Final Decision: The Criminal Miscellaneous Petition was allowed, and the trial court's order dated 26.08.2022 was set aside. The trial court was directed to send the complaint for investigation under Section 156 (3) Cr.P.C. to Police Station Chaksu.
ORDER
Narendra Singh Dhaddha, J. - Defect is overruled.
1. This Criminal Miscellaneous Petition has been filed by the petitioner under Section 482 Cr.P.C. against the order dated 26.08.2022 passed by Additional Civil Judge and Metropolitan Magistrate No.19, Chaksu, Jaipur Metropolitan-I wherein the application of the petitioners under Section 156 (3) Cr.P.C. for registration of the FIR has been rejected.
2. Learned counsel for the petitioners submits that petitioners had filed a complaint before the trial court against the respondent Nos.2 to 11 for the offence under Sections 420, 406, 467, 468, 471 and 120-B IPC. Learned counsel for the petitioners also submits that petitioners have requested the trial court to send the complaint for investigation under Section 156 (3) Cr.P.C. but trial court instead of sending the complaint for investigation under Section 156 (3) Cr.P.C. ordered an enquiry under Section 200 Cr.P.C. Learned counsel for the petitioners also submits that a bare perusal of the complaint reveals that prima facie cognizable offence is made out, so, trial court cannot use discretion in arbitrary manner. So, the order of the trial court dated 26.08.2022 be set aside and trial court be directed to send the complaint for investigation under Section 156 (3) Cr.P.C. to Police Station Chaksu.
3. Learned counsel for the petitioners has relied upon the judgment of Honble Supreme Court in Criminal Appeal No.1184 of 2022 (Arising out of SLP (Crl.) No.1674 of 2022) decided on 05.08.2022.
4. Learned Public Prosecutor does not object the prayer of petitioners.
5. I have considered the arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor.
6. A bare perusal of the complaint reveals that prima facie cognizable offence is made out. So, in my considered opinion, trial court wrongly ordered to enquire the matter under Section 200 Cr.P.C. instead of sending the complaint for investigation under Section 156 (3) Cr.P.C. So, petition filed by the petitioners deserves to be allowed.
7. Therefore, the Criminal Miscellaneous Petition is allowed and the order of the trial court dated 26.08.2022 is set aside.
8. Trial court is directed to send the complaint for investigation under Section 156 (3) Cr.P.C. to Police Station Chaksu.
9. Stay application also stands disposed of.
The court emphasized the importance of correctly applying the provisions of Section 156 (3) Cr.P.C. for the investigation of cognizable offences and overruled the trial court's decision to order an i....
The Magistrate must register an FIR when a complaint discloses a cognizable offence, without examining the truthfulness of the allegations at that stage.
The court emphasized the necessity for adherence to procedural mandates in criminal proceedings, specifically requiring compliance with Section 154(3) of the Cr.P.C. before ordering investigation.
The court confirmed that a Magistrate must either personally inquire into a complaint or direct a police investigation, but not both, particularly in complaints involving police officers.
The discretion of the Magistrate under Section 156(3) Cr.P.C. must be guided by the nature of the alleged offences and the need for police investigation.
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.
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