JAGU ANNAVARAM Vs. STATE ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner filed a private complaint before the learned Judicial First Class Magistrate, Bhadrachalam alleging that two persons who are wife and husband committed various offences under Sections 468, 471, 474, 420, 427, 448 and 506 read with Section 34 IPC. The learned Magistrate referred the same to police on 03.04.2013 directing police to register an FIR under Sections 427, 448 and 506 r/w Sec.34 IPC. The learned Magistrate, consequently, omitted the offences under Sections 468, 471, 474 and 420 IPC in the reference.

(2.) The learned Magistrate would not appear to have passed any detailed order as to why he was directing police to register an FIR under Sections 427, 448 and 506 r/w Sec.34 IPC. Further, the learned Magistrate directed police to register an FIR under Sections 427, 448 and 506 r/w Sec.34 IPC. The purport of Section 156 (3) Cr.P.C. is to direct police to investigate the complaint. When a private complaint is filed before a Magistrate, the learned Magistrate may take cognizance of the offence by exercising the powers u/s. 190 Cr.P.C. Such a Magistrate is also entitled to forward the complaint u/s. 156 (3) Cr.P.C. to police for investigation. I do not consider that the learned Magistrate is entitled to direct the police to issue FIR under any specific provision of IPC or any other penal enactment. U/s. 156 (3) Cr.P.C., the learned Magistrate directs police to investigate and issue FIR and also lay charge sheet if the case is made out against the accused.

(3.) That apart, when the complaint is laid under various sections, if the learned Magistrate is referring the complaint u/s. 156 (3) Cr.P.C. to police for investigation, perhaps, a cryptic order is sufficient. However, when a complaint is laid under various sections and the learned Magistrate considered it appropriate to refer the case to police u/s. 156 (3) Cr.P.C. under some of the sections only, a detailed order is needed as to why the learned Magistrate considered it appropriate not to refer the complaint to police with reference to some of the allegations in the complainant.