Magistrate Not Bound to Direct Police Investigation in Every Case: Delhi High Court Upholds Discretion in FIR Registration

In a significant ruling, the Delhi High Court has reiterated the discretionary power of magistrates in directing police to register FIRs. The judgment, delivered by Hon’ble Mr. Justice Rajnish Bhatnagar on November 29, 2023, emphasized that “the Magistrate is not bound to direct police investigation in every case disclosing a cognizable offence.”

The case, titled W.P.(CRL) 1210/2023 and CRL.M.A. 11298/2023, Involved a petitioner seeking directions for FIR registration and protection, which was ultimately denied by the court. The court’s ruling highlighted the critical aspects of judicial discretion and the proper application of Sections 156(3) and 482 of the Criminal Procedure Code (Cr.P.C).

Justice Bhatnagar’s decision stressed the importance of a judicial approach in considering applications for police investigation. He remarked that “the Magistrate ought to direct investigation by the police if the evidence is required to be collected with the assistance of the police.” This statement underscores the necessity for magistrates to evaluate the need for police intervention on a case-by-case basis, rather than issuing directions mechanically.

The judgment also addressed the limitations of the High Court's Inherent powers under Section 482 Cr.P.C, specifically in cases where a revision petition has already been adjudicated upon by lower courts. The court firmly stated that such powers “should not be used as a substitute for second revision petitions,” thus upholding the sanctity of the judicial process and discouraging frivolous litigation.

Furthermore, the ruling acknowledged the importance of preventing the misuse of judicial mechanisms and procedures. It reinforced the principle that High Court intervention is warranted only in cases of “miscarriage of justice or abuse of process.”

Date of Decision: 29 November  2023

ANJURI KUMARI VS  THE STATE GOVT. OF NCT OF DELHI & ORS.