Says petitioner can approach magistrates first
Srinagar: The J&K High court has dismissed a petition seeking registration of an FIR (First Information Report) on the ground that the remedies available under criminal procedure code are wide enough for registering and investigating any case.
The court held that Section 156 (3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation and it includes power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by police.
The court observed that if a person has a grievance that police is not registering his FIR under Section 154 Cr.P.C., and then he can approach Superintendent of Police under Section 154(3) Cr. P.C. by an application in writing. Even if that does not yield any satisfactory result it is open to aggrieved person to file an application under Section 156(3) Cr.P.C. before a magistrate concerned. If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct registration of FIR and also can direct a proper investigation to be made in a case where, according to aggrieved person, no proper investigation was made.
The court remarked that before applying these remedies, a person rushes to the High court for filing writ petition which get dismissed under law.
Justice Tashi Rabstan held that in view of law, the writ petition is devoid of any merit and is, accordingly, dismissed. Pending application(s) also stand(s) dismissed. Interim direction, if any, shall stand vacated. “Liberty is, however, given to the petitioner to avail appropriate remedy as available under the Code of Criminal Procedure. Observations made herein above would have no impact on the merits of the case,” the court said.
The petitioner, Mohammad Amin Lone had alleged that his younger son Javaid Ahmed was threatened by his elder son, Aijaz Ahmed, who is an SPO, while his other son Parvaiz Ahmed is a drug addict. The petitioner said that he had thrown Aijaz and Parvaiz out of their house but Parvaiz and his wife forcibly entered the house. The petitioner states Parvaiz and Javaid were taken away by police station Baramulla during a raid on the house in 2015, and Javaid was badly beaten and threatened by his own brother, who is an SPO. Lone went to DGP and complained about about the mistreatment meted out to his son.