Can High Court order to register an FIR? : Supreme court

The High Court could not direct the filing of an FIR, the Supreme Court has said, reiterating the comments made in the judgment of Sakiri Vasu v. Uttar Pradesh case.

A bench of Justices NV Ramana, Justice Mohan M Shantanagoudar and Justice Sanjeev Khanna rejected the High Court order in which the police filed the final report as per law after filing the first information report based on the complaint filed by the petitioner. Instructed to do.

Revoking the order of the High Court, the bench said

"We are refraining from accepting the contention that in view of the decision of this court in Sakiri Vasu v. State of Uttar Pradesh and others, the police cannot direct the filing of the first inquiry report and direct the filing of the final report can."

In Sakiri Vasu, the apex court stated that

"It is sufficient to include all such powers in a magistrate under section 156 (3) of the CrPC, which are necessary to ensure a proper investigation, and also includes the power to order an FIR to be filed, if the magistrate Has satisfied that "no proper investigation has been conducted, or proper investigation is not being conducted by the police. "

The Court also stated that in Sudhir Bhaskararao Tambe v. Hemant Yashwant Dhage, it was propounded that if the High Court hears such writ petitions, they will be filled with such writ petitions and any act other than hearing such writ petitions will not be able to.

It was held that the complainant should take advantage of his alternative remedy to approach the Magistrate concerned under Section 156 (3) of CrPC.

On another plea, it was stated that the crime is not disclosed in the FIR.

 The bench said:

"We will clarify that this Court has not expressed any opinion on the merits of whether the complaint discloses any criminal act."

The only explanation required is that a civil dispute should not be colored as a criminal act, and a civil proceeding pending at the same time is not a good basis and if a criminal act has been committed, not filing an FIR and not investigating There is no justification. "