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1 - 10 of 10 (0.19 seconds)The Code of Criminal Procedure, 1973
The Indian Penal Code, 1860
Guruduth Prabhu And Ors. vs M.S. Krishna Bhat And Ors. on 18 February, 1999
4 I have heard the ld. Counsel and perused the complaint, documents
furnished and the status report. There is no dispute with the preposition of law
Page 3 of page 6
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that on the basis of information disclosed, if a cognizable offence is made out
FIR ought to be registered. However, before issuance of direction for
registration of FIR or for conducting investigation u/sec.156 (3) Cr.P.C.; it is
incumbent upon the court to look into the allegations and find out if the
allegations constitute any cognizable offence to have been committed. A
Divison Bench of the Karnantaka High court, in the decision reported as 1999
Cri LJ 3909 Guruduth Prabhu and Ors. Vs. Krishna Bhat and Ors. observed as
under:
"If every complaint filed u/sec.200 Cr.P.C. is referred to the Police
u/sec.156 (3) without application of mind about the disclosure of an
offence, there is every likelihood of unscrupulous complainants, in
order to harass the alleged accused named by them in their complaints,
making bald allegations just to see that the alleged accused are
harassed by the police, who have no other go except to investigate as
ordered by the Magistrate. Therefore, it is mandatory for the Magistrate
to apply his mind to the allegations made in the complaint and in only
cases which disclose an offence, the Magistrate gets jurisdiction to order
an investigation by the police."
Section 11 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 13 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 15 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 10 in The Prevention of Corruption Act, 1988 [Entire Act]
State vs Mohd.Iqbal Ghazi & Ors. on 12 September, 2008
Relying upon the aforesaid judgment, Honbe High Court of Delhi in
State Vs. Mohd. Iqbal Ghazi reported as (2008) 154 DLT 481 held as under:
"It is apparent that the principle that every information relateable to
the commission of a cognizable offence must lead to the registration of a
FIR has to be understood in its correct perspective, being that, if the
information is prima facie credible; is definite and has a substance, the
FIR must be registered. But where the information is vague and prima
facie lacks credibility, an FIR need not be registered and some
preliminary inquiry would be permissible to find out whether the
information sought to be lodged has any substance therein or not."
Section 7 in The Prevention of Corruption Act, 1988 [Entire Act]
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