Supreme Court Of India
(From : AIROnline 2024 Del 1392)
Pankaj Mithal,
S. V. N. Bhatti
, JJ
(A) Criminal P.C. (2 of 1974) , S.156(3), S.154— Powers of Magistrate – Direction to register FIR – Omission to approach police initially – Procedure prescribed under Cr P C mandates that informant should first approach officer-in-charge of a police station for registering FIR, and if he refuses, then to Superintendent of Police – Informant can approach Magistrate seeking registration of FIR only after exhausting said remedies – Application filed by informant, merely stated that he approached police officials several times but in vain, without specifying when or which officer had been approached – Such bald allegation lacking details or proof, was unacceptable – Informant had directly approached Magistrate without exhausting available statutory remedies – Magistrate ordinarily ought not to entertain such direct application – Order of Magistrate directing lodging of FIR though a procedural irregularity, was not illegal or without jurisdiction – Since Magistrate had only directed FIR registration to set criminal law in motion, such irregularity did not cause prejudice to any party – Order directing to lodge FIR was not interfered with
AIR 2008 SC 907-Followed
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