New Delhi, Oct 9 (PTI) A Delhi court has observed that directing police to register an FIR is not an “empty formality” but a serious exercise of judicial discretion.
The observation of additional sessions judge Purshotam Pathak came on a revision plea of a man challenging an order of the magisterial court that had rejected his request to register the First information Report against his wife.
“An exercise for issuance of direction for registration of FIR is not an empty formality and is a serious exercise of judicial discretion. It must be exercised after due application of mind to the facts and circumstances of the case and the interest of justice,” the order dated October 4 read.
The court further observed that an FIR could be ordered only when there was a “prima facie material disclosing the commission of a cognisable offence” entailing a “complex and scientific investigation for evidence” and found no infirmity with magistrate’s order.
The man had sought criminal action against his wife and her family members, alleging physical assault.
In its order dated October 4, the court noted that according to the police’s status report, the man and his wife were embroiled in a matrimonial dispute and filed several cases against each other.
The court said that once the magistrate had decided not to send the matter for investigation, it could not form its own opinion.
“The revisionist (man) in the entire revision (petition) has not even stated what is the evidence, which is not in his possession and the investigation for which is required by the police,” it said adding, the case did not require collection of scientific evidence by the local police. PTI MNR AMK ZMN
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