Case Note & Summary
The appeal arose from a judgment of the High Court of Madhya Pradesh, which dismissed an application under Section 482 of the Code of Criminal Procedure, 1973. The appellant, a yoga instructor, alleged inappropriate touching by the Vice-Chancellor of her institute in March 2019 and subsequently filed multiple complaints with the police, which went unaddressed. After a delay attributed to the Covid-19 pandemic, an Internal Complaints Committee found the allegations established. However, the Judicial Magistrate First Class (JMFC) later treated the complaint as a complaint case rather than directing an FIR, leading to the appellant's appeal. The Supreme Court examined the JMFC's discretion under Section 156(3) CrPC and emphasized the mandatory duty of police to register FIRs when cognizable offences are disclosed. The Court criticized the police's inaction and highlighted the need for sensitive handling of sexual harassment cases. Ultimately, the Supreme Court allowed the appeal, directing the JMFC to order a police investigation under Section 156(3) and ensuring supervision by a woman officer. The judgment underscored the importance of treating victims sensitively and ensuring fair investigations in sexual harassment cases.
Headnote
A) Criminal Procedure - Registration of FIR - Duty of Police - Registration of FIR is mandatory when a cognizable offence is disclosed in a complaint. - Code of Criminal Procedure, 1973, Section 154 - The Supreme Court reiterated that police must register an FIR when a cognizable offence is made out, emphasizing the importance of police action in cases of sexual harassment. Held that the police's inaction was unfortunate and contrary to their duty (Paras 15-18). B) Criminal Procedure - Discretion of Magistrate - Powers under Section 156(3) CrPC - The Magistrate has discretion to direct police investigation or proceed with the case as a complaint case. - Code of Criminal Procedure, 1973, Section 156(3) - The Court held that the JMFC should have exercised jurisdiction to direct police investigation given the prima facie case of a cognizable offence and the need for evidence retrieval. Held that discretion must be exercised judiciously (Paras 19-28).
Issue of Consideration
Whether the Magistrate was correct in not directing the police to register an FIR under Section 156(3) of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the JMFC to order an investigation by the police under Section 156(3) CrPC, supervised by a woman officer not below the rank of Superintendent of Police.
Law Points
- registration of FIR
- cognizable offence
- discretion of Magistrate
- Section 156(3) CrPC
- sensitivity in sexual harassment cases
