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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
UT OF J&K – Appellant
Versus
Mohammad Ramzan Bhat – Respondent
JUDGMENT :
1) The petitioner Union Territory of J&K, through the medium of present petition, has challenged order dated 30.04.2022, passed by Judicial Magistrate 1st Class(2nd Additional Munsiff), Srinagar, whereby, inter-alia, direction has been issued for registration of FIR and Senior Superintendent of Police, Srinagar, has been directed to replace S.P. North as head of the Special Investigation Team (SIT) by some competent officer.
2) Before coming to the contentions raised in this petition, it would be apt to notice the background facts leading to the filing of this petition.
3) On 01.06.1996, Police Station, Khanyar, Srinagar, received a written information from SHO Police Station, Rainawari that on 31.05.1996 at about 2300 hours an information was received that some terrorists are hiding along with their illegal arms and ammunition at Miskeenbagh Khanyar. Upon this information the area was cordoned-off and during operation, terrorists resorted to indiscriminate firing upon the security forces and police with an intention to kill them. It was further reported that firing was retaliated, as a result of which two terrorists, namely, Mehraj-du-din and Mohammad Ramzan Bhat, Commande
A second FIR regarding the same incident is prohibited, but a counter FIR is permissible under law.
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 judgment establishes the principle that once cognizance of offences is taken, the trial Magistrate cannot direct registration of an FIR and emphasizes the importance of adhering to the procedural....
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.
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.
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.
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