Case Title: Praveen Rajesh v. Commissioner of Police and others
The Madras High Court reiterated that FIR is not an ordinary/casual thing and could affect the rights of the individual. The order also heavily criticised the order of a Magistrate directing registration of FIR against an accused, without due application of mind.
Brief facts of the case are that the petitioner is the de facto complainant and claims to be a practicing lawyer. The background on which the private complaint was filed is that during Covid-19 restrictions, the de facto complainant along with her husband had travelled in a motorcycle without wearing a mask. At that time, Police Constables and Sub Inspector of Police intercepted them and when they questioned them, there ensued an altercation. On hearing the same, the Inspector of Police/the petitioner herein came to the spot and thereafter, due to the altercation and protest shown by the petitioner and her husband, registered FIR against the couple under Section 75 of Tamil Nadu City Police Act, 1888 and released him on station bail immediately. Thereafter, on the same night, both the petitioner and her husband were admitted to the hospital as they sustained some injuries. Subsequently, she filed a complaint against the aforementioned police officials to the Commissioner of Police, which was rejected because it was found that the complaint is exaggerated and made in vengeance. Thus, she approached the Magistrate who did not have the territorial jurisdiction to entertain this private complaint but however, directed the filing of an FIR. Thus, this petition.
The Court distinguished the power under Section 154 and 156 Cr.P.C. after referring to the law as laid down by the Hon'ble Apex Court in the Central Bureau Of Investigation V. State Of Rajasthan and Another-
“... though Section 154 CrPC does not qualify the territorial jurisdiction of the officer in-charge who receives the information to register the same, however, Sections 155 and 156 CrPC qualify the territorial jurisdiction of the officer in-charge to investigate offences within the limits of such station. Therefore, a Magistrate can direct the officer in-charge of a police station to investigate a cognizable offence which is within the jurisdiction of its local area. Thus, a Magistrate is required to adhere to the territorial jurisdiction and in case it is not empowered to try the said offence, it has no jurisdiction to pass order under Section 156(3) CrPC.”
Accordingly, the Court cancelled both the FIR and the private complaint labelling it as an abuse of the process of law.