Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]

The High Court could not have directed the registration of an FIR, said the Supreme Court in a judgment delivered today reiterating the observations in celebrated judgment in Sakiri Vasu v. State Of Uttar Pradesh.

The bench of Justices NV Ramana, Mohan M. Shantanagoudar and Sanjiv Khanna set aside a High Court order which directed the police to register a First Information Report, on the basis of the complaint filed by the petitioner therein and after investigation file the final report in accordance with law.

While setting aside the High Court order, the bench said:

"We are inclined to accept the contention that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report in view of the judgment of this Court in Sakiri Vasu v. State Of Uttar Pradesh And Others."

In Sakiri Vasu, the Apex Court had held that 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.

The Court also noted that, in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, it was opined that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. It was held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC.

On the other contention that the FIR does not disclose a criminal offence, the bench said:

"We would clarify that this Court has not expressed any opinion on merits and whether or not the complaint discloses any criminal offence. The only clarification that is required is that a civil dispute should not be given the colour of a criminal offence, and at the same time mere pendency of the civil proceeding is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed. "

Case no.: CRIMINAL APPEAL NO. 102 OF 2011
Case name: M. SUBRAMANIAM vs. S. JANAKI 
Coram: Justices NV Ramana, Mohan M. Shantanagoudar and Sanjiv Khanna 

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