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PREM NARAYAN SINGH
Arun Kumar Gupte – Appellant
Versus
Arvind Kumar – Respondent
ORDER :
Prem Narayan Singh, J.
This present petition has been preferred on behalf of the petitioner under section 482 of Criminal Procedure Code being aggrieved by the order dated 31-7-2021 passed by JMFC, Garoth, Mandsaur in connection with Complainant Case No. 0/2019 under section 196, 199, 406, 420, 467, 468, 471 and 120-B of Indian Penal Code whereby the Judicial Magistrate First Class has sent the matter to the concerned police station for investigation under section 202 of Criminal Procedure Code.
2. Succinctly stated brief facts leading to the present petition are that a complainant has been lodged under section 200 before the trial Court against the petitioner. A civil suit between the petitioner and respondent is already pending before the concerned Court. The allegations against the petitioner has been leveled that he has filed false and fabricated affidavit before the Civil Judge in the civil suit. Even after various directions, the complainant has not filed original copy of the affidavit and only filed the photocopy of the same. The learned trial Court without considering the material available on record and without considering the appropriate provisions of law, wrongly se
The Magistrate has discretion under Section 156(3) of the CrPC to decide on police investigation, and is not obligated to proceed with an FIR based on the complainant's request.
The trial Court erred in ordering further investigation without discussing the police's final report, violating procedural requirements under the Cr.P.C.
The court confirmed that a Magistrate must either personally inquire into a complaint or direct a police investigation, but not both, particularly in complaints involving police officers.
The main legal point established in the judgment is the mandatory requirement of conducting an inquiry under Section 202 of the Code of Criminal Procedure before issuing process against an accused re....
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
The court emphasized the necessity of fair investigation in criminal proceedings and clarified the powers of the Magistrate to order further investigation under specific circumstances.
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