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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
JAVED IQBAL WANI
Roshan Lal Tickoo – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The issues involved in the instant petitions are interconnected to each other, as such are being taken up for disposal together with the consent of appearing counsel for the parties.
CRM(M) 112/2024
2. In the instant petition, the petitioners herein have invoked the inherent jurisdiction of this court enshrined in Section 482 Cr PC, 1973 (for short, the Code) seeking quashing of order dated 16-12- 2023 (for short the impugned order) passed by the Court of Special Mobile Magistrate, Passenger Tax and Shops Establishment Act, Jammu (for short, the Magistrate) in the complaint filed by respondent 3 herein against the petitioners herein being complaint no. 10736/2023 wherein the Magistrate while passing the impugned order has observed that the complaint prima facie discloses the commission of a cognizable offence necessitating investigation and has consequently directed the Crime Branch, Jammu to undertake an investigation thereto in terms of Section 156(3) of the Code.
3. The factual matrix as delineated in the instant petition and the reply filed thereto by respondent 3 is extensive, however, a brief summary of the facts leading to the passing of the impugned order and the
The court emphasized that a Magistrate's discretion under Section 156(3) must be exercised judiciously, especially when preliminary inquiries are ongoing.
The police are mandated to register an FIR when a complaint discloses a cognizable offence, and the credibility of the information is not a prerequisite for such registration.
A Magistrate under Section 156(3) Cr.P.C. must exercise judicial discretion by clearly recording reasons for either initiating an investigation, rejecting the complaint, or ordering a preliminary enq....
The court held that an F.I.R. cannot be registered without prior police report under Section 154, and vague allegations do not establish a prima facie case, leading to quashing of the F.I.R.
The Magistrate has discretion under Section 156(3) of Cr.P.C. to determine the necessity of police investigation based on the nature of allegations and available evidence.
A second FIR regarding the same incident is prohibited, but a counter FIR is permissible under law.
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