Case Note & Summary
The applicants, Harischandra Vishwanath Chavan and Santosh Harischandra Chavan, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, Aurangabad Bench, seeking quashing of an order passed by the Civil Judge (J.D.) under Section 156(3) CrPC and the consequential FIR registered as Crime No. 3/14 at Bardapur Police Station. The FIR alleged offences under Sections 3(1)(g), 3(1)(r), and 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 506 read with 34 of the Indian Penal Code. The background involved a civil suit (R.C.S. No. 61 of 2014) regarding agricultural land Gat No. 176 and 175. The applicants claimed ownership and possession of Gat No. 176 and had purchased a portion of Gat No. 175 for access. Respondent No. 2, Ashok Lahu Shinde, allegedly created obstructions. During the civil suit, the defendants (respondents) filed a protest application, and the Civil Judge, without jurisdiction, directed investigation under Section 156(3) CrPC. The High Court held that a Civil Judge exercising civil jurisdiction cannot invoke powers under Section 156(3) CrPC, which is exclusively for Magistrates competent to take cognizance. Consequently, the impugned order and the FIR were quashed. The court allowed the application and set aside the proceedings.
Headnote
A) Criminal Procedure Code - Section 156(3) - Jurisdiction of Civil Court - A Civil Judge (J.D.) while exercising civil jurisdiction in a suit cannot direct investigation under Section 156(3) CrPC as such power is vested only in a Magistrate competent to take cognizance of an offence - The order passed by the Civil Judge directing investigation is without jurisdiction and liable to be set aside (Paras 1-3). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(g), 3(1)(r), 3(1)(z) - Quashing of FIR - FIR registered on the basis of an order passed without jurisdiction is unsustainable - The High Court under Section 482 CrPC can quash such FIR to prevent abuse of process of law (Paras 2-3).
Issue of Consideration
Whether a Civil Judge (J.D.) can exercise powers under Section 156(3) of the Code of Criminal Procedure, 1973 while dealing with a civil suit, and whether the impugned order and consequential FIR are liable to be quashed.
Final Decision
The application is allowed. The impugned order passed by the Civil Judge (J.D.) under Section 156(3) CrPC and the consequential FIR Crime No. 3/14 registered with Bardapur Police Station are quashed and set aside.
Law Points
- Civil Judge lacks jurisdiction to order investigation under Section 156(3) CrPC in a civil suit
- Section 482 CrPC can be invoked to quash such orders
- FIR under Atrocities Act requires prima facie material
