Executive Magistrate not allowed to direct police to file an FIR

NP NEWS 24 ONLINE: Recently, a girl lodged a complaint to the Sub-Divisional Magistrate in Unnao where she has been duped into taking admission in an unrecognizable institute. Later on, the same day, the executive magistrate directed the police to register an FIR (First Information Report) after which an FIR was filed.

Which raised a question whether Sub-Divisional Magistrate has the authority to direct the FIR to the police?

Justice Rohinton Fali Nariman and Justice Navin Sinha in Naman Pratap Singh vs. State of Uttar Pradesh considered the issue whether the Sub-Divisional Magistrate is capable to file an FIR and direct it and whether such FIR can be registered in accordance with the Code of Criminal Procedure,1973.

The bench referred to various provisions of criminal procedure code where they concluded that executive Magistrate has no role to play in directing the police to register an FIR on the basis of the private complaint lodged to the Sub-Divisional Magistrates.

Though, the court clarified that “If a complaint is lodged before the Executive Magistrate regarding an issue over which he has administrative jurisdiction, and the Magistrate proceeds to hold an administrative inquiry, it may be possible for him to lodge an F.I.R. himself in the matter. In such a case, entirely different considerations would arise.”

The bench also added that could have lodged a F.I.R. herself before the police under Section 154 of the Code or proceeding under Section 154(3) or could have moved the Magistrate concerned under Section 156(3) of the Code in the event of the refusal of the police to act or could have filed complaint under Section 200 of the Code before the jurisdictional Magistrate.

Suppressing the FIR, the bench has declared that any such application filed by the girl(here) or anybody in future, will have to be considered by the appropriate authority or forum in accordance with law.