Case Note & Summary
The case arose from a complaint filed by the original complainant alleging rape by the appellants on 29.11.2018. The complainant, a member of the Bhartiya Janata Party, had previously lodged a complaint against another individual for rape, which led to pressure from the appellants to withdraw that case. After multiple complaints to various police authorities went unheeded, she filed an application under Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate (CJM), which was dismissed on 12.11.2020 due to a perceived delay in reporting the incident. The complainant then approached the High Court, which quashed the CJM's order, citing the Supreme Court's ruling in Lalita Kumari v. Government of Uttar Pradesh, emphasizing that the police must register an FIR upon receiving a cognizable offence complaint. The appellants contended that the High Court erred in its interpretation of the law and that the CJM was justified in dismissing the application based on the delay and inconsistencies in the complainant's allegations. The Supreme Court ultimately upheld the High Court's decision, reiterating the necessity for the police to register FIRs in such cases and clarifying the jurisdictional limits of the Magistrate under Section 156(3) Cr.P.C.
Headnote
A) Criminal Procedure - FIR Registration - Duty of Police - Code of Criminal Procedure, 1973, Section 154 - The police are mandated to register an FIR upon receiving a complaint disclosing a cognizable offence. The High Court held that the learned CJM erred in dismissing the application under Section 156(3) Cr.P.C. without directing the police to register an FIR, as the complaint disclosed a cognizable offence (Paras 1-6).
Issue of Consideration
Whether the High Court erred in quashing the CJM's order and directing the registration of an FIR under Section 156(3) Cr.P.C.
Final Decision
The Supreme Court upheld the High Court's order, directing the registration of an FIR and investigation into the allegations made by the complainant.
Law Points
- Section 156(3) Cr.P.C.
- cognizable offences
- FIR registration
- preliminary inquiry
- veracity of allegations
