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FARJAND ALI
Suresh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Farjand Ali, J.
By way of filing the instant Criminal Miscellaneous Petition, challenge has been made to the order dated 7.11.2023, whereby the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu declined to sent the matter for registration of the FIR under Section 156(3) of the Cr.P.C. to the Police Station and the complaint was kept for holding enquiry as envisaged under Chapter XV of the Cr.P.C.
2. Heard learned Counsel for the petitioner as well as the learned Public Prosecutor and have gone through the impugned order as well as the copy of complaint-cum-report wherein prayer for sending the matter for registration of the FIR was made.
3. A cursory look over the complaint indicated disclosure of commission of a cognizable offence. The niceties, truthfulness and faisity of the allegations are not required to be examined at this stage rather as per the settled legal preposition if the perusal of the complaint disclosing commission of a cognizable offence then, certainly it is imperative upon the Magistrate concerned to send the matter under Section 156(3) of this Cr.P.C. for registration of the FIR to the Police Station concerned. Examination of truth
The Magistrate must register an FIR when a complaint discloses a cognizable offence, without examining the truthfulness of the allegations at that stage.
When a complaint reveals the commission of a cognizable offence, the Magistrate is obligated to send the complaint to the Police Station for registration of the FIR, as per the legal position establi....
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....
A Magistrate cannot revert to the pre-cognizance stage after taking cognizance of a complaint, making the order to register an FIR legally untenable.
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 has discretion under Section 156(3) of the Cr.P.C. to determine if a prima facie case exists for police investigation, requiring sufficient evidence from the complainant.
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.
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