BRAJESH SHUKLA Vs. ANIRUDDH MUKHERJI

JUDGEMENT

(1.) As these petitions have been separately filed by the petitioners being aggrieved by the common order dtd. 12/4/2018 passed by the Court of Judicial Magistrate First Class, Katni in Complaint Case No. Unregistered/2018 whereby the learned trial Court gave a direction to the police in exercise of powers under Sec. 156(3) of Cr.P.C. to investigate into the complaint filed by the respondent, the same were heard analogously and are being disposed of by this common order.

(2.) Petitioners are police personnel. Brief facts of the case are that the respondent filed a complaint case against the petitioners on 16/2/2018 before the Court of Judicial Magistrate First Class, Katni alleging that on 19/11/15 when he was going to Jabalpur, all the petitioners along with other persons restrained and arrested him. Thereafter, a false case was made against him. It is submitted by the petitioners that during the execution of warrant on 19/11/2015, the respondent manhandled them, resultantly Brajesh Shukla sustained injuries. Another case vide Crime No. 647/2015, under Ss. 353, 332 and 427 of IPC has been registered against the petitioners for pressurizing him. Respondent-complaint filed a complaint case against petitioner-Anurag Pathak (Head Constable) which was registered by the learned Judicial Magistrate First Class. All the facts are suppressed by the respondent, hence, the entire proceeding initiated at the instance of respondent is an abuse of process of law and are liable to be quashed. Learned Magistrate passed an order of registration of a case, mechanically without assigning any reason and without applying the mind. It is also submitted that the prosecution of the petitioners is not tenable without sanction under Sec. 197 of Cr.P.C.

(3.) Learned counsel for the respondent vehemently opposed the contentions and submitted that the learned trial Court is empowered to direct the police to register as FIR against the accused persons and to investigate into the matter.