Case Note & Summary
The applicants, 14 individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, Nagpur Bench, challenging an order passed by the learned Judicial Magistrate First Class, Court No.2, Chikhali. The Magistrate had, while allowing a petition (private complaint) against the applicants, directed that the complaint be forwarded for investigation under Section 156(3) CrPC, with a direction to register an FIR and investigate the matter. The complainant was also directed to provide a Marathi translation of the petition for the purpose of the FIR. The applicants contended that the Magistrate had no power to pass such an order in view of Section 201 CrPC. The High Court, after hearing the parties, observed that the Magistrate had taken cognizance of the complaint and then proceeded to pass the impugned order. The court held that once a Magistrate takes cognizance of a private complaint, the procedure under Chapter XV of CrPC (Sections 200 to 203) must be followed. Section 201 CrPC provides that if a complaint is not made by a competent court or if the complaint is not cognizable by that court, the Magistrate shall return the complaint for presentation to the proper court or dismiss it. The Magistrate cannot, after taking cognizance, direct investigation under Section 156(3) CrPC. The High Court, therefore, quashed the impugned order and allowed the application.
Headnote
A) Criminal Procedure - Private Complaint - Investigation under Section 156(3) CrPC - Section 201 CrPC - Magistrate lacks power to direct police investigation under Section 156(3) CrPC after taking cognizance of a private complaint, as Section 201 CrPC mandates dismissal of complaint if not made by a competent court or if the complaint is not cognizable by that court - Held that the impugned order was without jurisdiction and quashed (Paras 3-5).
Issue of Consideration
Whether a Magistrate, after taking cognizance of a private complaint and finding that the complaint should be forwarded for investigation under Section 156(3) CrPC, has the power to do so in view of Section 201 CrPC?
Final Decision
The High Court allowed the application and quashed the impugned order passed by the learned Judicial Magistrate First Class, Court No.2, Chikhali, directing investigation under Section 156(3) CrPC.
Law Points
- Section 201 CrPC bars Magistrate from ordering investigation under Section 156(3) CrPC after taking cognizance of a private complaint
- Section 482 CrPC inherent powers
- Section 156(3) CrPC police investigation
- Section 200 CrPC examination of complainant
