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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Ms Golden Terrace Apartment Partnership Firm Through Partner Mahavir Jain – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
PREM NARAYAN SINGH, J.
1. The petitioner has filed the present petition under Section 528 of BNSS, 2023 (482 of Cr.P.C.) for quashment of the order dated 06.02.2025 passed in UNCR No.68743/2019 by Judicial Magistrate First Class, Indore.
2. Facts narrated narrated before this Court are that the petitioner filed a complaint/petition under section 156(3) of Code of Criminal Procedure alleging that the petitioner is a partnership firm and One Ashish Dass came in to contact in the year 2012 and informed that his company Ms JSM Devcon Private Limited was developing a residential project named “Pinecal The Dream” and having agreement with land owners namely Ms Ashoka Hightech Builders Pvt. Limited and its Director Nitesdh Wadhwani S/o Late Ashok Wadhwani. The accused persons gave assurance to the petitioner that they are in need of loan which shall be payable carrying interest @ 15% per.annum and flats will be mortgaged for security of the advance paid by the petitioner. It was further stated in the complaint that the petitioner has paid total 07 crores to the aforesaid company towards loan through various cheques between 22.12.2012 to 26.03.2013. Thereafter further amount of Rs. 7.
The magistrate must ensure a complaint discloses a cognizable offence before directing police investigation under Section 156(3) Cr.P.C., and a detailed affidavit is required to support such applicat....
The police station is bound to register an FIR when a cognizable offence is made out, and the Magistrate has wide powers under Section 156(3) of the Cr.P.C. to ensure proper investigation.
The Magistrate has a duty to order an investigation when a cognizable offense is disclosed in a complaint, particularly in cases involving serious allegations such as forgery.
The Magistrate has discretion under Section 156(3) of Cr.P.C. to determine the necessity of police investigation based on the nature of allegations and available evidence.
The police are mandated to register an FIR when a complaint discloses a cognizable offence, and the credibility of the information is not a prerequisite for such registration.
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 main legal point established in the judgment is the requirement for the Judicial Magistrate to pass a reasoned order before directing the registration of an FIR under Section 156(3) of the CrPC.
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