Hamant Yashwant Dhage Vs. State of Maharashtra & Ors.
The Code of Criminal Procedure, 1973 - Section 154 , Section 156 (1)
FIR - Registration of - In the earlier litigation direction given by Apex Court that complainant must avail of his alternate remedy to approach the concerned Magistrate under Section 156(3), Cr.P.C. and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation - Learned Judicial Magistrate came to a wrong conclusion that in the absence of any specific direction of the Apex Court, the prayer of the complainant for registration of F.I.R. had to be rejected - Counsel for the parties agree that investigation should be expedited - Concerned Magistrate and the police officer directed to rectify their mistake by ensuring registration of an appropriate F.I.R - Delay in lodging of such F.I.R. occurring after April 12, 2010 shall not have any effect on the investigation already carried out by the investigating officer(s) - Police directed to complete the investigation fairly and in accordance with law at an early date, preferably within six months.
The Code of Criminal Procedure, 1973 - Section 154 , Section 156 (3)
FIR - Registration of - Direction by Magistrate - Registration of an F.I.R. involves only the process of recording the substance of information relating to commission of any cognizable offence in a book kept by the officer incharge of the concerned police station -To enable the police to start investigation, it is open to the Magistrate to direct the police to register an F.I.R. - Even where a Magistrate does not do so in explicit words but directs for investigation under Section 156(3) of the Code, the police should register an F.I.R - Because Section 156 falls within chapter XII of the Code which deals with powers of the police officers to investigate cognizable offences, the police officer concerned would always be in a better position to take further steps contemplated in Chapter XII once F.I.R. is registered in respect of the concerned cognizable offence.
Topic(s)-FIR - Registration of - Law clarified