Can't Move High Court Directly Seeking Registration Of FIR Without First Approaching Magistrate U/S 156(3) CrPC: Gujarat HC

The Petitioner submitted that he had given a written complaint in 10.01.22 to the Respondent-Police Authority against certain persons. However, the same was not registered even as of 13.01.22. Further averring that it is the duty of the police-authority to register the FIR when a cognizable offence is committed, the Petitioner prayed for the High Court's interference.

Per contra, the Respondent referred to the factum stated in the written complaint that nine blank cheques were obtained by the concerned persons from the Petitioner. The Respondent 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. Significantly, the Respondent pointed out that the Petitioner had the remedy to file a private complaint before the concerned Magistrate Court and thus urged that the petition be dismissed.

Judgement

The Bench identified the primary issue worth consideration was the grievance of the non-registration of the complaint by the Respondent-Police Authority. To address this, the Bench noted that the Petitioner was called by the police authority within three days i.e., 13.01.2022 and yet the present Petition was filed directly before the High Court. The Court considered the observations of the Coordinate Bench of the Gujarat High Court in Special Criminal Application No 6760 of 2020:

"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."

This view had been taken in the Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and Others and the Sakiri Vasu vs State of UP judgements of the Supreme Court, as well where the Bench had observed:

"If a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC."

The Coordinate Bench of the Gujarat High Court had also opined that this law on registration of FIR was well-settled and reaffirmed by the Supreme Court.

Keeping in view these precedents, the facts and circumstances of the case and the conflict of the Petition with the observations of the Supreme Court, the High Court dismissed the Petition.

Case Title: Ranjitprasad Chandradevram Rajvanshi Properitor Of Shree Logistics Versus State Of Gujarat

Citation: 2022 LiveLaw (Guj) 20

Case No.: R/SCR.A/1114/2022