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ARUN MONGA
Gordhan Lal Soni S/o Ramniwas Soni – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
JUDGMENT :
Arun Monga, J.
1. The case in hand illustrates the fallacious practice often followed by the Judicial Magistrates in directing police officials to register FIRs, invoking their power under section 175 of the BNSS [corresponding with section 156 of the Cr.P.C.], in a mechanical manner and without due application of judicial mind, even if the ingredients of the alleged offences are not made out. Such perfunctory approach, in turn, puts the civil liberties of the accused persons at risk, forcing them to seek bail as suspects—either anticipatory, alternatively, regular—if they have been arrested following the registration of the FIR and, if charge sheet already filed, then as an undertrial, face the harassment, humility and agony of trial in Courts.
2. Petitioners No. 1, 2 and 3 are son-in-law, daughter and grand-daughter (being the daughter of petitioners No. 1 and 2), respectively of the complainant/respondent No.2. They seek quashing of FIR No. 266 dated 27.09.2024, PS Kotegate, Bikaner registered against them for alleged offences under Sections 420/406/120B IPC and consequential proceedings.
FACTS
3. Factual narrative as per translated version of the impugned FIR is as below
Judicial Magistrates must apply scrutiny before directing FIR registration to prevent misuse of the criminal justice system in familial disputes.
Direction for Police investigation – In family disputes triable by Magistrates, especially those involving close relatives, Magistrates should strive to nurture an environment conducive to preserving....
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
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.
The court clarified that Section 175(4) of the BNSS is discretionary, not mandatory, allowing the Magistrate to independently decide on investigations without undue influence from prior orders.
The court emphasized the necessity of conducting a preliminary inquiry before proceeding with an FIR to prevent abuse of legal process in cases with potential ulterior motives.
A Magistrate can direct FIR registration even after commencing proceedings under section 202 Cr.P.C, clarifying the powers under sections 156(3) and 202.
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