The High Court dismissed a criminal revision petition under Section 482 CrPC filed by post-inquest mothers challenging the lower courts' refusal to direct police investigation under Section 156(3) CrPC due to lack of illegality.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 143 of 2016
---- Petitioners
Versus
---- Respondents
For Petitioners – Mr. Vivek Tripathi, Advocate. For Respondent No.1 – Ms. M.Asha, Panel Lawyer on advance notice. For Respondents 2 to 4 – None, not noticed.
Hon'ble Shri Justice Chandra Bhushan Bajpai
Order on Board
02/02/2016
dated 26-09-2015 in Criminal Revision No.37/14 held that as there is no illegality or impropriety in the order passed by the Magistrate, there is no scope for interference and thereby affirmed the order passed the Chief Judicial Magistrate. Against the said orders, the petitioners have preferred the instant Cr.M.P. invoking the inherent jurisdiction of this Court under Section 482 of the Code praying that the orders passed by the both the Courts below be set aside and the trial Court kindly be directed to act according to the provision of law and register a criminal case.
“ Police officer's power to investigate cognizable case. – (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police offer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.”
is empowered under Section 190 of the Code for such investigation as mentioned in sub-section (1) and sub-section (2). Here, the word 'may' is regarding discretion of the concerned Magistrate to appreciate the matter and if he finds he may order for such investigation by the police officer.
failed to show and demonstrate as to what kind of illegality or impropriety committed by both the Courts below. After due appreciation, the concerned Magistrate held it proper to not to direct the police officer for investigation of alleged cognizable material under the provisions of Section 156 of the Code. I do not see any illegality or impropriety or arbitrariness in the orders passed by both the Courts below. Even otherwise, the petitioners failed to demonstrate or show any provision of law which debars him to file a complaint case under the Chapter XV of the Code.
Sd/(Chandra Bhushan Bajpai) JUDGE
Aadil
2 issues framed by the court
Whether the criminal revision petition invoking inherent jurisdiction under Section 482 CrPC against the dismissal of application under Section 156(3) CrPC is maintainable.
Whether there is any illegality or impropriety in the orders of Courts below refusing to direct police investigation.
2 provisions across 1 enactments
Dulorin Bai
Savitri Bai
State of Chhattisgarh
Dinesh Kumar
Phool Bai
Lachani Bai
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
