The High Court cannot order the registration of FIR, the Supreme Court observed following the observation stated in Sakiri Vasu V. State Of Uttar Pradesh.
The bench comprising of Justices NV Ramana, Mohan M. Shantangoudar and Sanjiv Khanna had a contrary view, as a result it set aside the High Court order which directed registration of FIR, on the basis of the complaint filed by the petitioner.
The bench observed that : “we are inclined to accept the contention that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report in view of the judgment of the Supreme Court in Sakiri Vasu V. State Of Uttar Pradesh.
In this judgment the Supreme Court stated that Section 156(3) CrPC has a wide ambit which includes all such powers in a Magistrate which are essential for ensuring a proper investigation, and the power includes registration of an FIR and or directing a proper investigation id the Magistrate believes that a proper investigation has not been done by the police.
The Supreme Court also stated that if High Court deal with such writ petitions, then they will be overburdened with such applications and will not be able to do any other work except dealing with such writ petitions. It was opined that the complainant in such cases should approach the Magistrate concerned under Section 156(3) CrPC.
On the other contention that the FIR does not disclose a criminal offence, the bench said:
“We would clarify that this Court has not expressed any opinion on merits and whether or not the complaint disclosed any criminal offence. The only clarification that is required is that is required is that a civil proceeding is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed.”