Case Note & Summary
The case arose from a complaint filed by the original complainant under Section 156(3) of the Code of Criminal Procedure, 1973, alleging rape by the appellants on 29.11.2018. The complainant, a member of the Bhartiya Janata Party, claimed she was pressured to withdraw a previous rape case against another individual and was subsequently raped by the appellants. After multiple complaints to various police authorities went unheeded, she approached the Chief Judicial Magistrate (CJM) for an FIR, which was dismissed. The High Court later quashed this dismissal, leading to the present appeals. The appellants contended that the High Court erred in its interpretation of the law, particularly regarding the CJM's authority to assess the veracity of allegations at the Section 156(3) stage. They argued that the delay in filing the complaint raised doubts about its credibility. The court analyzed the legal principles surrounding FIR registration and the role of the Magistrate, ultimately upholding the High Court's decision to direct the registration of the FIR based on the prima facie disclosure of a cognizable offence.
Headnote
A) Criminal Procedure - Registration of FIR - Duty of Police - Police must register FIR upon disclosure of cognizable offence - Code of Criminal Procedure, 1973, Section 154 - The court held that the police officer is mandated to register an FIR if the complaint discloses a cognizable offence, as per the Constitution Bench judgment in Lalita Kumari v. Government of Uttar Pradesh. The High Court's order directing the registration of FIR was justified as the allegations prima facie disclosed a cognizable offence (Paras 6.1-6.2).
Issue of Consideration
Whether the High Court erred in quashing the CJM's order dismissing the application under Section 156(3) Cr.P.C.
Final Decision
The Supreme Court upheld the High Court's order quashing the CJM's dismissal of the FIR application, directing the registration of the FIR based on the prima facie disclosure of a cognizable offence.
Law Points
- Section 156(3) Cr.P.C.
- cognizable offence
- FIR registration
- preliminary inquiry
- veracity of allegations
- delay in complaint
