Hari Singh and others vs State of Punjab

K.P.S. Sandhu, J.

This is petition under Section 482 Cr.P.C. where in petitioner namely Hari Singh, Smt. Bibi and Surjan Singh have prayed for quashment of order Annexure 12 FIR Annexure 13 and all the subsequent proceedings arising therefrom.

The facts which have gave rise to this petition are that respondent Maghar Singh filed a complaint against the petitioner under sections 419, 468, 470, 120B and 511, Indian Penal Code. The complaint came up for hearing before Judicial Magistrate First Class, Sunam who vide his order dated 2481982 ordered the S.H.O. Sunam to register a case and investigate the same. Consequently, an FIR was registered against the petitioners and the S.H.O. after investigating the matter sent the report to the ILaqa Magistrate. The Magistrate on the basis of the report framed a charge against the petitioner and started further proceedings. Aggrieved by the registration of the case and the further proceedings taken up, the petitioners have filed this petition under section 482 Cr.P.C.

The main contention raised by Mr. Bali, learned counsel for the petitioners is that under sections 156(3) Cr.P.C. the Magistrate, although can order the police to investigate the case, he could not order registration of the case. To support his view, he has placed reliance on my earlier judgement reported as Jaggar Singh v. The State of Haryana 1984(2) Recent Criminal Reports 187 : 1984(2) CLR 536. This judgement of mine was based upon a concession made by the State counsel for this proposition and as such the law point involved in the case was not gone into thoroughly. On reconsidering the matter, I am of the view that this judgement of mine does not lay down a good law. The Magistrate before taking cognizance of the case, can certainly order the registration of the case and the investigation by the police. However, the Magistrate would certainly not be competent to order the police to submit a chargesheet against the petitioners holding them guilty of the offences. Investigation and the formation of opinion as to whether the chargesheet has to be submitted against the petitioner, would be the prerogative of the police. Support of this view can be sought from Gopal Das Sindhi and others v. State of Assam and another `AIR'' 1961 SC 986, where in a similar order of the Magistrate ordering the police to register a case and hold a investigation, was upheld by their Lordships. In this view of the matter, this petition has to be dismissed. I order accordingly.

JUDGMENT Accordingly.