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Feroz M Shafeeque (Police Officer)     03 February 2010

Can High Court order registration of FIR?

As per Sec 156(3) Magistrate of First Class can direct investigation of a complaint. CJM can also direct the Magistrate to initiate action.


Is there any provision of law which empowers HighCourt or Supreme Court to direct police or other investigating agency to initiate investigation of an offence based on a petition?


 19 Replies

A V Vishal (Advocate)     03 February 2010

There is a provision to invoke the inherent provision of the High Court directly under Section 482, and obtain a direction to the police to register an FIR and investigate.  Section 482 could be invoked to ensure that investigation was fair and impartial. If a complainant is not satisfied with the manner in which the local police handles the matter, he can ask the court to either direct the police to probe and file a final report (chargesheet) under Section 173 of CrPC, or transfer the investigation agency itself.


 IN W.P UNDER ART 226/ART 32 ANY GROSS VIOLATION OF FUNDAMENTAL RIGHTS DUE TO THE BAD INVESTIGATION BY ANY AGENCY EVEN POLICE/CBI/I.O/INVESTIGATING COMMITEE  empowers HighCourt or Supreme Court to direct police or other investigating agency to initiate investigation of an offence based on a petition RESPECTIVELY?

G. ARAVINTHAN (Legal Consultant / Solicitor)     04 February 2010

 Under Section 482 of the Cr.P.C, the High Court having inherent powers, can direct the Investigating officer to register the case of the petitioner/complainant on file

Arvind Singh Chauhan (advocate)     04 February 2010

I agree with all above openions.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 February 2010

High Court and Supreme courts are law themselves and they can direct any authority to do any lawful act.

N.K.Assumi (Advocate)     04 February 2010

When the High Court or the Supreme Court direct the Investigation and the police filed FIR on the basis of that direction, does the High Court or the Supreme Court becomes the Complainant in the case?

sweta singh (n/a)     04 February 2010

but why will HC or SC ask police to file FIR just like that.....HC or SC will obviously act after sum1 has filed petition for it....

NAGARAJAN (student)     04 February 2010

yes i too agree

N.K.Assumi (Advocate)     04 February 2010

Directing Police to investigate by HC or SC means they are the complainant right? 

sweta singh (n/a)     04 February 2010

 no...........HC or SC will not ask the police dept. like this.......if u can in detail tell us whats the matter or the case???

bhupender sharma (head)     06 February 2010

yes the high court and supreme court has the power under the writ jurisdiction and 482 of the code of crimianl procedure to direct the police authorites to register a case if made out. 

jayaveladvocate (Lawyer)     07 February 2010

 A practical and fair proposition has to be laid down by the Apex court taking into account the hesitation of station house officer to register the complaint for the long time. Even if the LPG Gas cylinder or the identity card of Company secretary or the Driving License is stolen  the police officers are not willing to take complaint on record despite the police standing order saying the crime review meeting should liberal consideration most be given for the progress of this case. The District Police chief use this crime numbers to harras the lower rung police officer for issuing non traceble certificate 

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 February 2010

 Court is directing the Police only to investigate the matter and to file a report. If the complaint is a bonafide one, then they can proceed and if not, they can close the same

Munirathnam (Scientist)     09 February 2010

Dear All, I have some questions as follows: 1. If SHO do not register the FIR, what are the ways available to punish him by the law. 2. If Investiigation officer do not investigate the matter properly to reveal the facts and if investigation officer do not collect evidence (on request of complainant (in genine cases- Husbands) or on the request of accused in dowry cases (false case fild by wife, those requested evidences could support him)) and make part of his investigation report what are the ways to punish him by law. 3. Who is responsible from accused side in false cases not to proceed further with the report submitted by police. Accused or Public Prosecutor ... 4. Who inform the accused or compliannt regarding the steps involved in the case proceedings and the requirements of the case state time to time in the case proceedings to both the accused and complainant. 5. Does any body in India communicated to the citizens of india regarding the law existng in the society where citizen is living ... Some more will come ...

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