Petitions Filed Directly In HC For Registration Of FIR Without Availing Remedy U/S 156(3) CrPC In Conflict With SC Directions: Gujarat High Court

The Gujarat High Court recently refused to exercise its writ jurisdiction under Article 226 of the Constitution and issue directions for registration of FIR on a complaint lodged by the Petitioner, observing that if such petitions are entertained then the High Courts will be flooded and will not be able to do any other work.

Justice AS Supehia refused to quash the closure report by the Respondent authorities and opined that the Petitioner had the remedy to approach the concerned Magistrate under Section 156(3) of CrPC and therefore, the High Court was not required to interfere with the petition. It was noted that the Apex Court had expressed concerns with regard to the filing of such applications directly before the High Court which increases the burden of the courts.

"It is noticed by this Court 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 Cr.P.C. Such applications, which are directly filed are in direct conflict with the observations of the Apex Court."

The brief facts of the case were that the Petitioner was engaged in the business of manufacturing and selling art silk and gray garments and was invited to sell the material to the Accused persons. However, despite several reminders, they refused to remit the amount of INR 35,87,300 to the Petitioner towards the supply of goods. Subsequently, they issued 8 cheques on various dates to the Petitioner, however the same were dishonoured. The Petitioner contested that it was obligatory on the part of authorities to register the complaint against the Accused persons and to bolster this contention, reliance was placed on Lalita Kumari Vs. state of Uttar Pradesh, (2014) 2 S.C.C. 1 and other precedents.

The Bench referred to M. Subramaniam v. S. Janki Criminal Appeal No.102 of 2011 wherein it was held:

"…If a person has a grievance that the police station is not registering his FIR under Section 154 of CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application (2008) 2 SCC 409 under Section 156(3) CrPC before the learned Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made."

Justice Supehia emphasised that under Section 156(3), the alternate remedy lies with the Magistrate and therefore, the Supreme and the High Courts have refused to interfere with such petitions in the past.

Owing to the lapse on behalf of the Petitioner in approaching the Magistrate, the High Court dismissed the application.

Case Title: Kameshbhai Niranjanbhai Sopariwala Versus State Of Gujarat

Case No.: R/SCR.A/12607/2021

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