Madras High Court
S.Jeyakumar vs D.Baskaran on 17 October, 2014
Author: P.Devadass
Bench: P.Devadass
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2014 CORAM THE HONOURABLE MR.JUSTICE P.DEVADASS Crl.O.P.(MD).No.16950 of 2014 S.Jeyakumar ...Petitioner -Vs- 1.D.Baskaran 2.P.K.Sivananthan 3.M.Rajan 4.Ashok Subramanian 5.S.Krishnakumar 6.The Inspector of Police, Vaangal Police Station, Karur District. ...Respondents PRAYER Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Judicial Magistrate No.II, Karur to expedite the hearing of C.M.P.No.3345 of 2014 in the Court of Judicial Magistrate No.II, Karur and to dispose of the same within a reasonable time as may be fixed by this Hon'ble Court. For Petitioner : Mr.V.Sankaranarayanan For 6th Respondent : Mr.K.V.Rajarajan Govt. Advocate (Crl. Side) :ORDER
Jeyakumar, the petitioner herein, who has presented a complaint before the learned Judicial Magistrate No.II, Karur came forward with this petition under Section 482 Cr.P.C. for a direction for the expeditious disposal of C.M.P.No.3345 of 2014.
2. Jeyakumar presented a complaint. It was received in C.M.P.No.3345 of 2014, by the learned Judicial Magistrate No.II, Karur. In his order dated 30.06.2014, the learned Magistrate directed investigation under Section 156(3) Cr.P.C. and posted the matter to 30.07.2014.
3. It is the choice of the Magistrate either to conduct enquiry under Section 200 Cr.P.C. or direct the police to undertake investigation under Section 156(3) Cr.P.C.
4. Though the word 'investigation' has not been defined in the Criminal Procedure Code, the phrase 'investigation' has been explained as steps taken by police to collect the evidence. Therefore, if a cognizable offence is reported under Section 154 Cr.P.C. a duty cast upon the investigation officer to register F.I.R.
5. Once a direction is issued under Section 156(3) Cr.P.C, the police, have no choice except to register a case under Section 154 Cr.P.C. Police cannot refuse to register a case.
6. The said direction has been issued by the learned Magistrate, after having satisfied that the complaint discloses commission of certain cognizable offences.
7. Registration of F.I.R. take place under different circumstances. One is based on the complaint lodged by the defacto complainant. Other one is based on a direction issued by the Magistrate under Section 156(3) Cr.P.C. or even a direction issued by the High Court under Article 226 of the Constitution of India. Even based on source information, an investigation officer straightaway register an F.I.R. even without a complaint. (See Section 156(1) Cr.P.C.) Now, the mode of setting the criminal law in motion by issuing a direction by a learned Judicial Magistrate under Section 156(3) Cr.P.C. has become more popular. The power of the Magistrate under Section 156(3) Cr.P.C. is analogous to the power of a Superintendent of Police under 154(3) Cr.P.C.
8. Under Section 154(1) Cr.P.C., based on a complaint, complaining of commission of certain cognizable offence, an F.I.R. is to be registered. If the Police Officer refuse to do so, on petition, the District Superintendent of Police can issue direction under Section 154(3) Cr.P.C. to a subordinate Police Officer to register a case. Likewise where a complaint is lodged to the Station House Officer (SHO) under Section 154 Cr.P.C, if the police officer fails to register the case, the Magistrate can issue a direction under Section 156(3) Cr.P.C. to police to register a case.
9. Such a direction has been issued in the instant case. But, the problem is the last line of the order of the learned Magistrate.
10. In the instant case, the learned Magistrate although has power to give mandatory direction to the police to register a case, had also given choice to the Police. The learned Magistrate has ordered that the Inspector of Police, Vaangal Police Station, Karur District to register F.I.R. or file Final Report. That cannot be done. That should not be done. There could be filing of Final Report under Section 173 Cr.P.C. in connection with a cognizable offence, only if F.I.R. is registered under Section 154 Cr.P.C. The birth and death of a criminal case, more particularly in a cognizable offence, commences under Section 154 Cr.P.C. and comes to an end under Section 173 Cr.P.C. Thereafter, it is for the Court to take cognizance under Section 190 Cr.P.C. and thereafter completing certain preliminary steps.
11. Since the choice has been given to the Police Officer, it seems that the matter it is being dragged on. Further, the learned Magistrate has posted the petition to 30.07.2014.
12. In the Scheme of administration of criminal justice devised under the Code of Criminal Procedure, a whip has been given to the Magistrate to control the police at every stage of investigation. At the stage of submitting copy of the F.I.R. and submitting of statements under 161 Cr.P.C. and every recovered item without delay must be produced to the Magistrate. It is intended to have a check on the police work and prevent possibility of interpolation and concoction. There should be somebody to have whip to control them. That is why these provisions have been embodied in the Code of Criminal Procedure Code.
13. In the circumstances, the learned Judicial Magistrate No.II, Karur will direct the Inspector of Police, Vaangal Police Station to submit a copy of the F.I.R. registered in pursuance of his direction issued on 30.06.2014. If the F.I.R. has already been registered, the said Inspector will complete the investigation within three months from the date of receipt of a copy of this order and submit his final report under Section 173 Cr.P.C. to the Magistrate without fail. Further, it is the duty of the learned Magistrate to see that his orders and directions issued under Section 156(3) Cr.P.C. are implemented/obeyed/carried out by the police.
14. Accordingly, this Criminal Original Petition is disposed of.
To
1.The Chief Judicial Magistrate, Karur.
2.The Judicial Magistrate No.II, Karur.
3.The Deputy Superintendent of Police, Karur.
4.The Inspector of Police, Vaangal Police Station, Karur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.