Plea Of Non-Compliance With S.154 CrPC Need Not Be Looked At When Chargesheet Is Filed Disclosing Commission Of Offence: J&K High Court

The petitioners had challenged the order of magistrate directing the registration of the FIR under section 156(3) Crpc on a private complaint under Section 200 of CrPC. The petitioner argued that investigation under 156(3) cannot be ordered without exhausting the remedy under section 154 Crpc.

A bench of Justice Javed Iqbal Wani said even otherwise the court need not to go into checking the requirements as to the compliance of the section 154 at this stage in excercise of the inherent powers under 482 crpc invoked by the petitioner in view of the parameters set by the Apex court.

The court however pointed out that the section 154 seemed substantially complied with as the complainant had mentioned it in the complaint that he had previously approached the police station but the FIR was not registered and an affidavit to that extent was also appended.

The court noted the contentions of the official respondents stating that on the basis of the statements of transactions of the complainant's bank account, besides statement of witnesses, and other M. Pay transactions from mobile phone of complainant a final report was submitted by the police disclosing that the petitioners have committed offences under section 385, 506- II ,120-B, 420 and 468 IPC.

The court relied on the Neeharika Infrasture pvt. Vs. State of Maharashtra, wherein court held that although Section 482 CrPC gives the court broad authority, it also requires the court to exercise caution by taking into account the quashing parameters and the self-restraint required by law while employing such measures only in “rarest of rare circumstances”

The court also held that the Magistrate enjoys the power to direct the registration of an FIR under Section 156(3) on receiving a private complaint under Section 200 CrPC, provided that the same is done prior to taking cognizance and the requirements of Section 154 CrPC are fulfilled.

The court for this relied on Vinubhai Haribhai Malaviya and Ors. vs. State of Gujarat & Anr., wherein the court held that it has the power to direct an investigation by the police, and if the Magistrate does so, there is no requirement to examine the complainant on oath because no cognizance of any offence is taken therein.

The court refused to interfere with the order directing the registration of the FIR and accordingly petition was dismissed.

BACKGROUND

The petitioners herein invoked the inherent power of this court enshrined in Section 482 CrPC (now Section 528 BNSS) for the quashing of an FIR under Sections 385, 506-II, 420, 120-B, 468, and 201 IPC, along with the charge sheet filed thereto.

The petitioners are the editor and correspondent of a newspaper who were allegedly approached by the complainant for publishing a news story on the drug menace, in which her brother was also involved. After the story was published, the complainant faced significant resentment and approached the petitioners, requesting the deletion of the said story, which was denied.

She then approached the local Magistrate with a complaint. The Magistrate, exercising the powers under Section 156(3), directed an investigation. This very order was challenged by the petitioners, stating that the Magistrate had no power to pass such an order upon receiving a complaint made under Section 200 of CrPC.

APPEARANCE:

Shafqat Nazir, Advocate. For PETITIONERS

Hakim Aman Ali, Dy AG For RESPONDENT

Case-Title: Mohammad Imran Ganai And Anr. Vs Government Through Police Station Dangiwacha

Citation: 2025 LiveLaw (JKL) 130