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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Satish Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
A perusal of record shows that an incident dated 06.06.2023 was reported to the police and the police registered an F.I.R. No. 90 of 2023, dated 07.06.2023, for the commission of offences punishable under Sections 341, 323, 504 read with Section 34 of Indian Penal Code ( IPC ) at Police Station Ghumarwin, District Bilaspur, H.P. The police filed a charge-sheet for the commission of offences punishable under Sections 323, 341, 355, 504 read with Section 34 of IPC before the Gram Panchayat Seu, Block Development Ghumarwin, District Bilaspur, H.P. after completion of the investigation.
2. Subsequently, the victim filed a complaint before the learned Chief Judicial Magistrate Bilaspur, District Bilaspur,H.P.,regarding the same incident, who assigned it to the learned Judicial Magistrate, First Class, Court No.2, Ghumarwin, District Bilaspur, H.P., for trial. It was asserted in para 5 to 7 of the complaint that an F.I.R. No. 90 of 2023 dated 07.06.2023, was registered for the commission of offences punishable under Sections 341, 323, 504 read with Section 34 of IPC at Police Station Ghumarwin, District Bilaspur, H.P., but the informant was not satisfied with
The trial magistrate must call for a police report when both a complaint and police investigation exist for the same offence, as mandated by Section 210 of CrPC.
Point of law: Protest petition -Pending of investigation by Police – Provisions of Section 210 are squarely attracted - Transfer of investigation - Justified
Prosecution for offences under Section 211 IPC requires a complaint from the concerned Court; police action without such complaint lacks jurisdiction and cannot sustain prosecution.
For a complaint under S.195 CrPC, the required public servant must file a written complaint, even if it originates from a police officer investigating a non-cognizable offence.
A Magistrate has discretion under Section 156(3) of Cr.P.C. to either take cognizance or direct investigation by police, thus not legally bound to register an FIR.
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