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Magistrate falsely directing investigation u/s 1563) of cr.p.c.

(Querist) 06 August 2012 This query is : Resolved 
A false complaint of criminal trespass and threat with weapon filed with police who visited the alleged place of offence, did panchnama and made a station diary, which indicate of no any such alleged offence having happened and the complaint being a false alarm.

Further, the same false complaint was privately filed with the Magistrate, who, without any preliminary inquiry therein and under the color of discretionary powers, arbitrarily directed investigation u/s 156(3) of Cr.P.C. against the persons indicated as accused in the said complaint. Consequentially, FIR was registered.

With the merit in the case, the Accused preferred a Criminal Writ Petition in High Court for quashing of FIR, by producing all the aforesaid supporting very strong statutory documents. But, unfortunately, High Court dismissed the petition saying that there is no harm in police investigating the matter and filing a Report to Magistrate.

However, the Police can now not at all alter their own said panchnama and station diary, which clearly upheld the accused's side.

What may happen next?

- Prashant Bhat
Tel. 9820099555.
e-Mail : prashantexpress@yahoo.com
Adv.R.P.Chugh (Expert) 06 August 2012
Dear Mr.Bhat,

You have two options now :

1. Challenge the refusal of High Court to interfere in an SLP before the Supreme Court. or
2. Wait for the police to present final report or chargesheet as the case may be, and in the later case challenge if the magistrate takes cognizance or when the magistrate frames charges.

One has to see the file in order to comment conclusively.
Guest (Expert) 08 August 2012
1. You may either carry the matter to the SC by filing an SLP against the order of the HC.

2. If the police files the charge sheet and the magistrate frames charges, you can go in for a revision.


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