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SUMEET GOEL
Talima – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sumeet Goel, J.
The present petition has been filed under Section 482 of Cr.P.C. of 1973 with a prayer, primarily for, issuance of directions to respondent Nos.1 to 3 for registration of FIR on the basis of a complaint dated 10.02.2024 (copy whereof has been appended as Annexure P-2 with the present petition) & for further directions for handing over the investigation of such FIR, after the same having been registered, to any senior officer or independent investigation agency.
2. Learned counsel for the petitioner has argued that the petitioner presented a complaint to SHO, Police Station Women, Nuh, District Mewat, Haryana on 10.02.2024 wherein she has made allegations of rape, harassment etc. against the persons named therein. It has been argued that the said complaint clearly brings out the factum of cognizable offence(s) having been committed and hence the Police ought to have registered an FIR but the same has not yet been done. Learned counsel has further argued that a representation dated 17.02.2024 was also made to the Superintendent of Police, Nuh, District Mewat, Haryana for taking legal action against the persons named in the above-said complaint/representatio
The High Court should not entertain petitions for FIR registration under Section 482 unless the complainant shows sufficient cause for not approaching the Magistrate first.
The High Court should refrain from direct interference in police investigations and encourage petitioners to seek redress through formal statutory remedies under the Criminal Procedure Code.
The main legal point established in the judgment is the importance of exhausting alternate remedies before approaching the High Court for the registration of an FIR and the direction of a proper inve....
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
The Court has inherent powers under Section 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some ra....
The court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
The court affirmed that a Magistrate can order police investigations under Section 156(3) CrPC, and the High Court should exercise caution in quashing FIRs unless no offence is disclosed.
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