The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156(3) CrPC to investigate a cognizable offence.
A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and would not stand quashed if the revision court sets aside the magistrate's order.
“registration of the FIR is not inexorably consequential to the order passed by the Magistrate under Section 156(3) of the Code. At the cost of repetition, it must be noted that the registration of the FIR by the police, upon a cognizable offence having been reported, is the statutory duty of the police. As a principle, therefore, we find it difficult to agree with the submission of Mr. Desai that once the order directing investigation under Section 156(3) is set aside, everything which follows must fall through.”
The court underscored that the power to quash investigations or prosecutions lies within the realm of writ jurisdiction under the Constitution or inherent powers under Section 482 of the CrPC, aimed at preventing abuse of the legal process or ensuring justice.
The larger bench held that revision under section 397 of CrPC is not an efficacious remedy against an order of the magistrate directing investigation under Section 156(3) after the registration of an FIR. However, the court emphasized that the remedy of revision would not become redundant once the FIR is registered, and the revision court order would still have utility as high court can take it into account while considering writ petition for quashing the FIR.
“If such an order is passed before the completion of investigation, the investigating agency may take the same into account in determining the course the investigation shall culminate into. If such an order is passed, post lodging of the chargesheet, the jurisdictional Magistrate may have the benefit of the said order at the stage of taking cognizance or during the course of the inquiry, as envisaged by the Code. The High Court may also have due regard to the order of the revisional Court while considering the prayer for quashing the FIR and/or prosecution in exercise of writ or inherent jurisdiction.”
The court suggested that before the revisional court makes any decision, it should confirm whether the FIR has been registered following the magistrate's order. It identified two scenarios: pre-registration and post-registration of the FIR.
In the scenario where the FIR is not yet registered, the court held that the revisional court should issue an interim order staying the effects of the magistrate's order under Section 156(3). This interim order would prevent the investigating agency from registering the FIR and proceeding with the investigation until the revisional court's decision.
If the FIR has already been registered, the nature of the infirmity in the magistrate's order becomes relevant, the court said. The revisional court may stay further proceedings pursuant to the FIR if it finds a jurisdictional error in the order, if the investigation is still ongoing. The court emphasized that the revisional court must record reasons for its decision to stay proceedings based on jurisdictional errors.
However, if the investigation has progressed to the point of lodging a chargesheet or court cognizance, the interim or final order passed by the revisional court to set aside the magistrate's order under Section 156(3) would not automatically quash the resultant prosecution, the court held.
The court answered thus a reference by a single judge is a batch of writ petitions regarding a cheating case involving Municipal Commissioners and officers of the Kalyan-Dombivali Municipal Corporation (KDMC).
A former Municipal Councilor of KDMC had filed a complaint concerning the redevelopment of Manek Colony. He alleged collusion between municipal officers and a developer, resulting in prejudice to the colony's occupants. The complaint cited offenses under Sections 120B, 420, 418, 415, 467, 448 read with Section 34 of the IPC and Sections 9 and 13 of the Prevention of Corruption Act, 1988.
The Judicial Magistrate, First Class, Kalyan, directed the police to investigate the complaint under Section 156(3) of the CrPC. Following this, an FIR was registered. However, the accused filed a Revision Application challenging the magistrate's order. The Additional Sessions Judge allowed the revision application, dismissing the complaint.
Subsequently, writ petitions challenging the sessions court order were brought before the High Court. The Single Judge noted conflicting views in previous judgments regarding maintainability of revision against orders under section 156(3) CrPC and referred the matter to a larger bench.
The larger bench court identified a conflict arising when writ petitions and applications under Section 482 of the CrPC for quashing of FIR are declined on the basis that revision under Section 397 CrPC is an alternative remedy against an order under Section 156(3), even if it has led to the registration of an FIR and subsequent proceedings.
The question before the court was whether revision under Section 397 CrPC is an efficacious remedy against an order directing investigation under Section 156(3) CrPC, even after the registration of an FIR and subsequent proceedings, and to what extent the revisional court can intervene in the investigation post-registration of the FIR.
In instances where police inaction persists or ineffective investigation occurs, individuals can seek recourse through a Magistrate under Section 156(3). This provision empowers the Magistrate to supervise the investigation agency if the investigating agency has not registered FIR even though a cognizable offence is disclosed or despite having registered the FIR, has not conducted proper and effective investigation.
The court emphasized that the order under Section 156(3) merely reminds the police of their statutory duty to register FIRs and conduct investigations. The court said that setting aside an order under Section 156(3) will not automatically nullify all subsequent actions, such as FIR registration and investigations as actions following such orders, including arrests, remands, chargesheets, and court cognizance, are carried out under statutory authority.
The court directed the petitions to be placed to respective benches for further proceedings.
Case no. – Writ Petition No. 2517 of 2022
Case Title – Arun P. Gidh v. Chandraprakash Singh and Ors.
MEMBERSHIP OPEN
JOIN THE TOP AND MOST REPUTED HUMAN RIGHTS MOVEMENT OF THE COUNTRY AND
Taking advantage of section 498 A of IPC, women misuse the law by harassing husband and their family members, especially it causes trouble to an elderly couple who are lying on the bed. In today's modern era, despite being educated are unable to understand 498 A is being used as a weapon against men.
The court stated that the provision is sometimes used as a tool for "legal terrorism" instead of seeking justice. The Calcutta High Court (HC) has shed light on the misuse of Section 498A of the Indian Penal Code (IPC), a provision aimed at addressing harassment or cruelty against women by their husbands or in-laws
===
https://economictimes.indiatimes.com/news/india/anti-dowry-ipc-section-498a-is-being-misused-as-a-tool-to-unleash-legal-terrorism-calcutta-hc/articleshow/102986776.cms?from=mdr
MEMBERSHIP OPEN
JOIN THE TOP AND MOST REPUTED HUMAN RIGHTS MOVEMENT OF THE COUNTRY AND
RAISE YOUR VOICE FOR THE VOICELESS PEOPLE
Top Criminal Advocate
Top Human Rights Advocate
SPEAK BEFORE APPLY FOR THE MEMBERSHIP
For more details, visit below
9873005424, 9873087903
https://humanrightscouncil.in/membership-form-download.php
https://www.hrcin.org/membership-form.html
http://ihrac.org/membership-form-download.php
Email: Office@humanrightscouncil.in
ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE
(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.
All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
Dr. Anthony Raju
Advocate , Supreme Court of India.
Global Chairman , All India Council of Human Rights, Liberties & Social Justice.
Chairman - National Legal Council
International Convener, Universal mission for Peace and Human Rights.
Chairman, National Council of News and Broadcasting.
Secretary General : Asian Human Rights Council
International Peace keeper
Most Rev. Dr. Anthony Raju - Advocate, Supreme Court of India and a dynamic criminal advocate, dedicated, internationally accredited HUMAN RIGHTS, PEACE Ambassador and is one of Global's foremost voices of Human Rights.
According to Dr. Anthony “Criminal is one of the few professions where the client buys someone’s luck. The luck of most people is strictly non-transferable. But a good criminal lawyer can sell all his luck to client and the more the luck he sells the more he has to sell.
The qualities/attributes to become a successful criminal lawyer is, one needs to be dedicated, willing to put in hard work, have lots of stamina and loads of perseverance. These four qualities and integrity are fundamental to a successful career in criminal law. It has been believed by people that criminal law involves limited drafting and that the workload is not heavy. But be it a trial strategy, a bail or a cross-examination, one has to put in long hours of research before work begins in court.
He is well well-known TEDx Speaker, a Highly acclaimed Keynote and Public Speaker, a very respected Panellist on a Very reputable Media House, TV Channels National and International, a Motivational Speaker, Educator, Journalist, Writer, and Corporate Legal Advisor, Diplomat, Eminent Social Reformer, Environmentalist, Educator, Human Rights and Constitutional Rights Activist, Motivator, Change maker, Teacher Trainer, Disaster management Expert, Panel Arbitrator in National & International Level, Legal Aid Expert, Academician, Humanitarian work Expert, etc.
Dr. Anthony Raju has been awarded several National and International Awards for his Excellent work for more than 15 Years in promoting and protecting Human Rights. He has been awarded with several (Honoris Causa) Degrees, Like a Doctor of Sociology, and a Doctorate of Human Rights by International Peace University, Germany, Ph.D. Social Work by Universal Academy for Global Peace, Lifetime membership and Award by International Journalism Centre, National Human Rights Activist Award by All India Newspaper Association, Ambassador of Peace Award by Blind Association, Peace Ambassador by Global Peace Initiative -USA
Dr. Anthony Raju has justified his position many times against capital punishment, he has publicly condemned this barbaric act in the name of punishment. He has written several articles on extra-judicial Killings, Violence Against Women, the Right to Education, Rights to Information Contemporary forms of slavery, the Right to an adequate Standard of living, Extrajudicial, summary of arbitrary executions, Sale of Children, Child prostitution, Independence of Judges and Lawyers.
Dr. Anthony Raju spends most of their time between Tribal, underprivileged, Villages, he widely travels in various States, majorly in the Tribal and Rural belts of India, South Africa, and internationally.
This story and article is compiled by Simran and Ashish (PR/Corporate Communication Team) of Most Rev. Amb. Dr. Anthony Raju.
For any support: +919873005424 (Sms/WhasApp/Call)
www.flickr.com/people/anthonyraju
List of Last Awardees
https://internationalhumanrightsawards.blogspot.com/
#dranthonyraju #tophumanrightsactivist #globalpeaceactivist #dranthonyrajuadvocate
https://www.flickr.com/people/anthonyraju/
https://www.flickr.com/photos/anthonyraju/
http://www.ihrac.org/
https://www.hrcin.org/
https://humanrightscouncil.in/
https://www.newsindiatoday.co.in
www.groundreports.in
www.iprc.in
http://www.ncnb.in/
https://www.linkedin.com/in/anthonyraju/
https://www.facebook.com/aichlsin
https://twitter.com/aichls
http://www.anthonyraju.com/
http://www.juneann.in/
https://www.youtube.com/user/TheHumanrightsindia/
http://www.xavierinstitutions.org/
www.asianhumanrightscouncil.org
www.internationalhumanrightscouncil.org
======================================================
#dranthonyraju #drjuneann #Tophumanrightscouncil, #Humanrightsinindia #Socialjustice, #freelegalhelp #HumanRightsOrganizationsInIndia, #HumanRightsComplaint, #HumanRights, #AdvocateSupremeCourt #HumanRightsMembership ##TopHumanRightsOrganisationofIndia #peace #gahrc #humanrightseducation #humanrightsleadership #humanitarian #ihrac #dranthonyrajutopcriminaladvocate #aichls #ncnb #humanrightsambassador #tophumanrightsactivistofindia #motivationalspeaker #inspirationalspeaker #nhrc #tophumanrightsadvocateof india #topcriminaladvocate #nationalhumanrightscommission #topcriminaladvocatesupremecourtofindia #majorgeneralrajankochhar #drmoustaffaattarwala ##frjoshymichael
"Human Rights In India, Social Justice, Human Rights Commission, National Human Rights Commission, Human Rights Organizations In India, State Human Rights Commission, Human Rights Commission Delhi, Human Rights Complaint, Human Rights, Advocate Supreme Court, Human Rights Membership, Top Human Rights Organisation of India" "Human Rights In India, Dr. Anthony Raju Advocate Supreme Court, Human Rights Membership, Top Human Rights Organisation of India"
top 10 criminal law firms in india
top criminal law firms in india
top 10 criminal lawyers in mumbai
famous criminal lawyers
top criminal lawyers in mumbai
best criminal lawyer in world
best criminal lawyer in supreme court
top female criminal lawyers in india
LEGAL AND LEGAL Associates
In Public Interest, More Links Of Human Rights/Government Organisation working for the promotion and protection of Human Rights. Legal Aid in India.
https://nhrc.nic.in/
https://nhrc.nic.in/about-us/state-commission?term_node_tid_depth=2350
https://nhrc.nic.in/statecommission/andhra-pradesh-state-human-rights-commission
https://shrc.tn.gov.in/
https://kshrc.karnataka.gov.in/english
https://nhrc.nic.in/statecommission/maharashtra-state-human-rights-commission
http://uphrc.up.nic.in/
https://ukhrc.net/u/
http://bhrc.bihar.gov.in/
http://www.pshrc.net/Home/Contact
https://nhrc.nic.in/statecommission/punjab-human-rights-commission
https://nhrc.nic.in/statecommission/gujarat-human-rights-commission
https://hphrc.hp.gov.in/
https://nhrc.nic.in/statecommission/goa-human-rights-commission
https://dpar.nagaland.gov.in/setting-up-of-nagaland-state-human-rights-commission/
https://nhrc.nic.in/statecommission/manipur-state-human-rights-commission
https://nhrc.nic.in/statecommission/meghalaya-human-rights-commission
https://homeandpolitical.assam.gov.in/frontimpotentdata/assam-human-rights-commission
http://wbhrc.nic.in/
http://sshrc.nic.in/
http://www.arunachalpradesh.gov.in/setting-up-of-the-arunachal-pradesh-state-human-rights-commission-apshrc/
https://rshrc.rajasthan.gov.in/
https://main.sci.gov.in/legal-aid