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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Sanjay Dhar, J
Anil Gupta – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioners through the medium of petition bearing CRM(M) No. 646/2023 have challenged order dated 15.07.2023 passed by the Principal Sessions Judge, Jammu(hereinafter to be referred as the revisional court), whereby, a revision petition filed against order dated 02.03.2023 passed by the learned Special Excise Magistrate, Jammu(hereinafter to be referred as the Trial Magistrate), has been allowed and the SHO Police Station, Channi Himmat, Jammu has been directed to register an FIR on the basis of the complaint filed by respondent No. 2 against the petitioners.
2. It appears that a complaint alleging commission of offences under sections 120-B, 193, 195/408, 196, 209, 211, 323, 327, 330, 342, 347, 348, 352, 357, 384, 385, 386, 387, 392, 394, 403, 420, 465, 467, 468, 471, 474, 500, 504 and 506 read with section 34 IPC was filed by respondent No. 2 before the learned Special Excise Magistrate, Jammu.
3. Briefly stated, the allegations made in the said complaint are that on 19.05.2022 at about 11 AM when respondent No. 2/complainant had gone to his office, the petitioners yelled at him calling him a thief and they alleged that the complainant had misappropriated funds of
FIR registration is mandatory under Section 154 CrPC when cognizable offences are disclosed; failure to comply with procedural requirements invalidates the FIR.
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 must ensure a complaint discloses a cognizable offence before directing police investigation under Section 156(3) Cr.P.C., and a detailed affidavit is required to support such applicat....
(1) While registration of FIR is mandatory, arrest of accused on registration of FIR is not.(2) Once Magistrate has taken cognizance under Section 190 of Code, he cannot ask for investigation by Poli....
A magistrate can only direct the officer in charge of a police station to register an FIR; directions to superior officers exceed this authority.
The court affirmed that a Magistrate has discretion under Section 156(3) Cr.P.C. to determine if a complaint discloses a cognizable offence, and dismissal of such petitions is valid if the dispute is....
The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
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