SATYENDRA SINGH SIKARWAR Vs. STATE OF M P

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, has been filed with a grievance that registration of case by respondent no.3 -Sub Divisional Officer upon a complaint filed by respondent no.7 was without jurisdiction and thereafter direction to the Sub Registrar by him vide communication dated 4/12/15 to ensure registration of FIR is also in excess of his Authority as Sub Divisional Officer.

(2.) It is contended that the Sub Divisional Officer may be an Executive Magistrate but he draws jurisdiction to register a case under the provisions of an Act. He cannot wield his power by executive fiat and issue directions to the Sub Registrar for registration of an FIR on complaint filed by respondent no.7. If such course of action is permitted to continue by Executive Magistrates, the same may lead to a state of chaos as persons having any grievance, instead of filing an FIR, may approach such Executive Magistrates seeking direction for registration of FIRs. It is submitted that the Code of Criminal Procedure (for short "the Code") is a self contained Code whereunder exhaustive provisions have been made in the matter of registration of FIR and also for investigation at the instance of Magistrate having jurisdiction to try the offences as contemplated under S. 156(3) of the Code.

(3.) With the aforesaid submissions, learned counsel prays for quashment of the order (Annexure P/1), as well as, letter (Annexure P/2) addressed to Sub Registrar dated 4/12/15.