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.

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/representation but no action has yet been taken. Thus, the petitioner has been constrained to file the instant petition seeking the prayer(s) as indicated hereinabove.

Prime Issue

3. The prime issue for determination in the present petition is whether this Court ought to issue direction(s), under Section 482 of Cr.P.C. of 1973, for registration of FIR in furtherance of the complaint made by the petitioner to the concerned SHO as also the representation made to the concerned Superintendent of Police. The analogous legal issue that arises for consideration in the present petition is whether a person/ complainant ought to approach the High Court under Section 482 of Cr.P.C. of 1973 for issuance of directions for registration of FIR or such person/ complainant ought to approach the concerned Illaqa/Jurisdictional Magistrate in view of Section 156(3) of Cr.P.C., 1973 in the first instance.

Relevant Statutory provisions

4. Code of Criminal Procedure, 1973

Section 156 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C., 1973') reads as under:-

"156. Police officer's power to investigate cognizable case.-(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned."

Section 482 of the Code of Criminal Procedure, 1973 reads as under:-

"482. Saving of inherent power of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."

Code of Criminal Procedure, 1898

Section 561A of the Code of Criminal Procedure, 1898 reads as under:-

"561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."

Relevant Case Law

5. The precedents germane to the issue(s) in question are as follows:

I. Re: Power(s) of Magistrate under Section 156(3) of Cr.P.C.,1973

(i) In a judgment titled as Sakiri Vasu v. State of U.P. and others, 2008(2) SCC 409, the Hon'ble Supreme Court has held as under:-

"17. In our opinion Section 156(3) Crimin