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VIJAY KUMAR SHUKLA
Dilip Kumar Puri – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. Both the petitions under section 482 of the Code of Criminal Procedure seeking quashment of the common order dated 16.2.2023 and, therefore, they are being decided by this common order.
2. These are the petitions under section 482 of the Code of Criminal Procedure seeking quashment of the common order dated 16.2.2023 passed in Case No. 526/2023 by the Special Judge directing for registering case for investigation against the present applicants and to submit final report under section 173 Cr.P.C.
3. An application under section 156(3) Cr.P.C. was filed by respondent No.2 brother of the deceased seeking registering case for investigation for commission of offences under section 306, 120-B, 294, 323, 506, 34, 341, 342, 166 r/w section 3 & 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
4. The background of the case is that the brother of the complainant Akash Badia was having an affair with a girl Jhanvi Sharma. Since both of them came from a different caste and sections of the society, a missing report 21/2022 was lodged on 9.2.2022 by the father of Jhanvi Sharma at Police Station Aerodrum, Indore. The accused persons are police officers in
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....
Receipt of the report Magistrate could either close the proceedings on the pretext that FIR vis-à-vis allegations contained in the complaint already stands registered or she could order for registrat....
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.
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.
The main legal point established in the judgment is the abuse of process of law in criminal proceedings and the failure to follow proper procedure before filing applications under Section 156(3) Cr.P....
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
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