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JASJIT SINGH BEDI
Shahabuddin – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for setting aside the order dated 29.04.2023 (Annexure P-3) passed by the JMIC, 1st Class, Gurugram vide which the prayer of the petitioner to treat his complaint under Section 156(3) Cr.P.C. and direct the concerned SHO to register an FIR against respondent No.4 was declined and the complaint was ordered to be proceeded with under Section 200 Cr.P.C. as well as the order dated 04.11.2023 (Annexure P-6) passed by the Addl. Sessions Judge, Gurugram vide which the order dated 29.04.2023 (Annexure P-3) has been upheld.
2. The brief facts of the case are that the petitioner/complainant filed a complaint alleging that the accused/respondent No.4 was his close relative. In January, 2022, he (petitioner/complainant) had purchased a CELERIO Car bearing Registration No.HR-51-H-0011. The accused/respondent No.4 expressed his desire to use the said car as his parents had got operated and were required to be taken to various hospitals. Keeping in view the request, he (petitioner) handed over the car to the accused/respondent No.4 for a few months on 07.02.2022. Later, when he (petitioner/complaina
The Magistrate has discretion to treat a complaint as a private complaint under Section 200 Cr.P.C. instead of mandatorily forwarding it for FIR registration under Section 156(3) Cr.P.C.
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.
A Magistrate cannot register a subsequent complaint under Section 200 CrPC based on the same facts after a previous complaint has been quashed, as it exceeds jurisdiction.
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.
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