The Gujarat High Court has held that complainant can't move to High Court directly for getting a FIR registered without approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure.
The single-Judge bench of Justice Vipul Pancholi noted that Coordinate Bench of this Court has mentioned that various applications seeking registration of FIR are being filed before this Court directly without approaching the concerned Magistrate under Section 156(3) of the Code, which it termed is in direct contradiction with the observations of the Apex Court in M. SUBRAMANIAM vs. S. JANAKI, 2020 Latest Caselaw 296 SC
The above ruling is Supreme Court's observations on the powers of the Magistrate under Section 156(3).
The Court, thus, rejected the Petition filed under Article 226 seeking registration of FIR on the basisof the written complaint filed by him with the Respondent-Police Authority.
The Petitioner submitted that he had given a written complaint in to the Respondent-Police Authority against certain persons. However, the same was not registered even till now. He averred that it is the duty of the police-authority to register the FIR when a cognizable offence is committed and thus sought High Court's interference.
On the other hand, the Respondent referred to the factum stated in the written complaint that nine blank cheques were obtained by the concerned persons from the Petitioner. It was contended that it seemed that the Petitioner was trying to take a defence by filing such a complaint and the same should not be entertained by the Court. It was also being pointed out that the Petitioner had not exhuasted the remedy to file a private complaint before the concerned Magistrate Court.
The Court considered the Coordinate Bench observation:
"In our opinion Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police."
SOURCE ; .latestlaws.com
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