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HARSH BUNGER
Gurtej Singh @ Teji – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. background of the legal conflict between parties. (Para 1 , 2 , 3) |
| 2. petitioners challenge revocation of their revision petition. (Para 4 , 5 , 6) |
| 3. counsel arguments regarding maintainability of the revision. (Para 8 , 9 , 10) |
| 4. court's deliberation on the nature of section 156(3) orders. (Para 12 , 13 , 14) |
| 5. clarification of interlocutory nature of magistrate's order. (Para 22 , 26) |
| 6. court's duty not to assess merits of alleged offences at this stage. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. final dismissal of both petitions. (Para 36 , 38 , 39) |
JUDGMENT
Mr. Harsh Bunger, J.
This order shall dispose of two petitions bearing CRM-M- 47384-2017 titled as "Gurtej Singh @ Teji and Others v. State of Punjab and Another" and CRM-M-47577-2017 titled as "Balwant Singh @ Bant Singh and Others v. State of Punjab and Another" as both the petitions have emanated from a common order dated 21.01.2017 (Annexure P-3) passed by the Court of Judicial Magistrate 1st Class, Sangrur, upon an application under Section 156 (3) of Code of Criminal Procedure (in short "Cr.P.C.") filed by respondent No.2-complainant (Nazar Singh) against the petitioners in both the cases alongwith other pers
An order under Section 156(3) Cr.P.C. directing police to register an FIR is not revisable and is considered an interlocutory order, thus barred under Section 397(2).
As per Section 154 of Cr.P.C. object of registration of FIR is that every information relating to cognizance of offence whether or given orally or otherwise officer incharge of police station has to ....
The main legal point established in the judgment is that orders made under Section 156 (3) Cr.P.C. directing the police to register and investigate a case are not open to revision at the instance of ....
Point of law : Revisional jurisdiction can be exercised if there appears to be patent defect in exercise of jurisdiction or irregularities manifestly crept in while passing an order and this eventual....
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.
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
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