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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Md. Nejam Ansari son of Md. Usman – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition to quash fir from improper s.156(3) referral without affidavit. (Para 1 , 2 , 3) |
| 2. arguments invoke sc precedents mandating magistrate's reflected judicial mind, affidavit. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court finds no judicial mind in bare endorsement under s.156(3). (Para 9 , 10) |
| 4. quash fir; direct fresh lawful orders on complaint. (Para 11 , 12 , 13) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking thejurisdiction of this Court under Section 482 Cr.P.C. with the prayer to quash the entire criminal proceeding in connection with Sadar P.S. Case No. 317 of 2021 as well as the order dated 13.08.2021 by which the FIR has been registered upon the Complaint Case No. 1640 of 2021 filed by the informant havingbeen referred to police under Section 156(3) of Cr.P.C. by the learned Chief Judicial Magistrate, Hazaribagh.
3. The brief fact of the case is that the informant filed Complaint Case No. 1640 of 2021 in the court of learned Chief Judicial Magistrate, Hazaribagh and the learned Chief Judicial Magistrate, Hazaribagh suo moto referred the said complaint to the Officer-in-Charge of Sadar Police
Magistrate must apply judicial mind and reflect it in order when directing investigation under Section 156(3) CrPC; mere endorsement without reasons or affidavit support invalidates FIR and proceedin....
A Magistrate must apply judicial discretion and provide reasoning when referring a matter for investigation under Section 156(3) of the Cr.P.C.; mechanical orders are unsustainable.
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 has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
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.
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