FIR Registered Even After CJM Dismissed Two Applications U/S 156(3) CrPC: Allahabad HC Issues Show Cause Notice To SHO
The Allahabad High Court issued a show cause notice to SHO Hapur as to why a cost of 50k was not imposed for violating the orders of the Chief Judicial Magistrate, Hapur.
The Court noted that SHO registered an FIR ignoring the earlier orders of the Court, where the Court dismissed similar applications under Section 156(3) for filing FIR.
The Court was hearing a Writ Petition seeking issuance of a writ, order or direction in the nature of certiorari to quash the impugned First Information Report registered for the offences under Sections 420, 467, 468, 471 & 384 of IPC.
The bench of Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra observed, “The S.H.O., Police Station Hapur Nagar, District Hapur is issued a show cause notice as to why a cost of Rs.50,000/- be not imposed upon him for violating the orders of Chief Judicial Magistrate, Hapur as well as the directions issued by this Court.”
Brief Facts-
The Petitioners Omveer and others seek a Writ of Certiorari to quash the FIR under Sections 420, 467, 468, 471, and 384 of IPC at the Police Station. They argue that the FIR arises from a civil dispute over a sale deed, for which the informant had obtained a favourable decree now under appeal. Despite two prior dismissals of similar applications under Section 156(3) Cr.P.C. by the Chief Judicial Magistrate citing the matter as civil. Those applications were filed by the informant stating that the sale deed executed by the petitioner is an act of fraud. The SHO, registered the current FIR, allegedly ignoring these judicial orders.
It was submitted by the learned Counsel that the Sub Divisional Magistrate, has passed an order about the sale deed and an observation was made that appropriate action be taken against all the erring persons.
The Court noted that the order was passed about ten years ago and the present FIR was registered in 2024 after the dismissal of two applications under Section 156(3).
The Court directed the Superintendent of Police to look into the matter and file his affidavit.
Finally, the Court directed that no coercive action be taken against the petitioners under F.I.R. In the meanwhile.
Cause Title:Omveer v. State of U.P.
Appearance:
Sr. Adv. Rashid Siddiqui, Adv. Abhinav Gaur and Adv. Ankit Shukla