The court emphasized the importance of following the legal provisions for FIR registration and investigation, and highlighted the need to prevent abuse of the process of court and secure the ends of justice.

JUDGMENT :

1. Heard the parties.

2. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer to quash the entire criminal proceeding arising out of Godda Nagar P.S. Case No. 0299 of 2022, corresponding to G.R. No. 939 of 2023 including the order taking cognizance dated 12.06.2022 which date has wrongly been mentioned due to printing error and in fact, the said order was passed on 12.06.2023 because in the order itself, there is reference to the final form which was submitted on 09.05.2023 and if the order would have been passed on 12.06.2022, the same could not have any reference to the final form dated 09.05.2023 whereby and where under, the cognizance for the offence punishable under Section 186, 201, 204 and 120B of Indian Penal Code has been taken against the petitioner.

3. It is submitted by the learned counsel for the petitioner that all the offences are non-cognizable still erroneously, the FIR was registered and police wrongly submitted the charge sheet because of printing error and the same was also intimated to the learned Chief Judicial Magistrate, Godda vide letter dated 03.06.2023 by the I.O. of the case, a copy of which has been annexed at Annexure-2 of this writ petition. It is next submitted by the learned counsel for the petitioner that subsequent to registration of the FIR, police completed the investigation and despite the fact that police submitted final form stating that offences alleged in the FIR were all non-cognizable offences still, the learned Magistrate took cognizance of all non-cognizable offences. It is then submitted by the learned counsel for the petitioner that initiation of the criminal proceeding against the petitioner by way of filing the FIR is bad in law and contrary to the provision of Section 155 (2) of Cr.P.C. Relying upon the judgment of Hon’ble Supreme Court of India in the case of State of Haryana & Ors. vs. Bhajan Lal & Ors. reported in 1992 Supp (1) SCC 335, paragraph no.102 of which reads as under:-

“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there i