Executive Magistrate forwarding a complaint to the police for verification, is not a judicial direction u/s 156(3)

Jammu and Kashmir High Court Upholds FIR in Alleged Forgery Case. Court dismisses plea to quash FIR; affirms legal procedure followed by police in registering case.

In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Wasim Sadiq Nargal, has dismissed a petition filed by Abdul Qayoom seeking to quash an FIR lodged against him under Sections 420, 467, and 468 of the Indian Penal Code (IPC). The FIR pertains to allegations of forgery and manipulation of revenue records in Rajouri.

The petitioner argued that the FIR was a result of an administrative act by the Executive Magistrate, who allegedly exceeded his jurisdiction by directing the police to register the case. However, the court found that the Executive Magistrate merely forwarded the complaint to the police, who independently registered the FIR based on the information disclosing a cognizable offence.

Justice Nargal emphasized that under Section 154 of the Code of Criminal Procedure (CrPC), it is mandatory for police to register an FIR when information reveals a cognizable offence. The court further clarified that the Executive Magistrate's role in forwarding the complaint did not equate to a judicial directive under Section 156(3) CrPC and did not invalidate the FIR.

The petitioner contended that the FIR was filed with mala fide intent to convert a civil dispute into a criminal case. However, the court noted that the existence of a civil dispute does not preclude criminal proceedings if the allegations disclose cognizable offences. The allegations, if proven, could attract criminal liability independent of any civil matter.

The court also highlighted that the inherent powers under Section 482 CrPC should be exercised sparingly and only when allegations are inherently improbable or manifestly false. In this case, the court found no abuse of the process of law, as the FIR disclosed a plausible narrative warranting investigation.

The ruling reaffirms the statutory obligations of police officers in handling complaints and underscores the importance of distinguishing between administrative acts and judicial directions in the context of FIR registration.

Bottom Line:

An Executive Magistrate's administrative act of forwarding a complaint to the police for verification does not equate to a judicial direction under Section 156(3) CrPC and does not vitiate the legality of an FIR registered by police upon receiving information disclosing a cognizable offence.

Statutory provision(s): Sections 420, 467, 468 of IPC, Sections 154, 156(3), 482 of CrPC.

Abdul Qayoom v. Union Territory of Jammu and Kashmir, (Jammu And Kashmir) : Law Finder Doc Id # 2796391