Prayer
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register FIR based on the Complaint given by the Complainant and in view of the order in Crl.MP.No.8952 of 2023 dated 24.3.2023, passed by the learned Metropolitan Magistrate-II, Egmore, Chennai
Magistrate has adopted wrong procedure by directing the police to register the FIR if cognizable offence is made out
2. The petitioner after complying with the procedure prescribed under Section 154 of Cr.PC, approached the learned Magistrate for a direction to the respondent police to register FIR on the ground that the complaint reflects commission of a cognizable offence. The learned Magistrate by an order dated 24.3.2023 has directed the police to enquire the parties and find out if any cognizable offence is made out and thereafter, act in accordance with the judgment of the Hon’ble Apex Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353.
3. The learned Magistrate has adopted a wrong procedure in the present case. This Court is encountering many such orders on a daily basis and therefore, thought of clarifying the issue.
Procedure to approach Judicial Magistrate for petition under section 156(3) Cr.P.C
4. Whenever the complainant furnishes information to the Station House Officer with respect to the commission of a cognizable offence, the Station House Officer is duty bound to register an FIR and proceed further with the investigation under Chapter XII of Cr.PC. If the Station House Officer does not act upon the complaint, Section 154(3) Cr.PC, provides for a mechanism wherein the complainant can approach the Superintendent of Police concerned and make a representation for a direction to investigate the case. If this complaint also does not evoke any response, the complainant can approach the Jurisdictional Magistrate Court and file an application under Section 156(3) of Cr.PC, for a direction to the Police to register the FIR.
As per Lalitha Kumar constitutional bench Station House Officer is duty bound to register FIR if cognizable offence is found out in the information
5. The entire law on this issue was discussed in detail by the Hon’ble Apex Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353. Except for carving out certain disputes like matrimonial disputes, money disputes, delay in lodging of complaint etc., the Hon’ble Apex Court categorically held that wherever the complaint makes out a cognizable offence, the Station House Officer is duty bound to register an FIR and proceed further with the investigation.
Application of Judicial mind is necessary
6. The remedy that is provided under Section 156(3) Cr.PC is to enable the learned Magistrate to apply his mind and see if the complaint makes out a cognizable offence and in spite of the same, the Station House Officer had refused to register the FIR and if so, issue appropriate directions to register the FIR. However, in many cases, this Court finds that the learned Magistrate is delegating this enquiry to the police and asking the police to enquire as to whether any cognizable offence is made out. Such a procedure adopted by the learned Magistrate is erroneous and should not be continued henceforth.
Magistrate erred in directing the police to conduct enquiry and register fir if cognizable offence is found out
7. In the instant case, the learned Magistrate had committed this error in directing the police to conduct an enquiry and find if a cognizable offence is made out, in line with the judgment of the Hon’ble Apex Court in Lalitha Kumari’s case. As a result of this direction, the police had conducted an enquiry and the complaint was closed and it was informed to the learned Metropolitan Magistrate-II, Egmore, Chennai.
Magistrate’s order was recalled
8.In the light of the above discussion, the order passed the learned Metropolitan Magistrate-II, Egmore, Chennai in Crl.MP.No.8952 of 2023, dated 24.3.2023, is hereby recalled. The learned Magistrate is directed to apply his mind and pass appropriate orders under Section 156(3) of Cr.PC, within a period of two weeks from the date of receipt of copy of this order. The closure report that was submitted by the police need not be acted upon by the learned Magistrate.
Direction to magistrate to submit report
9.This criminal original petition is disposed of with the above directions. The learned Magistrate is directed to submit a report before this Court, after compliance of this order.
Party
R.N.Sabu .. Petitioner vs. 1.The Commissioner of Police No.132, EVK Sampath Road Vepery, Periyampet, Chennai. 2.The Inspector of Police Kilpauk Police Station Shastri Nagar, Kilpauk Chennai, Tamilk Nadu 600010. ..Respondents, dated on 29. 02. 2024 , Crl.O.P No.3955 of 2024- In The High Court Of Judicature At Madras-CORAM:-The Honourable Mr. Justice N. Anand Venkatesh,
