Order by Magistrate and FIR dismissed due to failure in meeting procedural requirements under CrPC Section 154
In a significant decision, the Himachal Pradesh High Court has quashed an FIR and the related Magistrate's order concerning a land dispute, citing procedural non-compliance as per the Criminal Procedure Code (CrPC). The judgment was delivered by Justice Rakesh Kainthla in the case titled Sanjeev Kumar Sharma v. State of HP.
The court examined petitions challenging an order dated June 10, 2025, issued by the Chief Judicial Magistrate of Nahan, which directed the registration of an FIR against accused individuals based on a complaint filed by Sanjeev Kumar Sharma. The complaint arose from a land transaction dispute involving accusations of non-execution of a sale deed, leading to allegations of cheating and related offenses.
The key issue addressed by the court was the complainant's failure to follow the mandatory steps under Section 154 of the CrPC before seeking intervention from the Magistrate under Section 156(3). According to the judgment, the complainant must first approach the officer in charge of the relevant police station, and only if the police fail to act, can they seek the Magistrate's direction for investigation. The court noted that the complainant approached higher police officials instead, which did not meet the statutory requirements.
Additionally, the court highlighted the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing the necessity for a Magistrate to conduct an enquiry and hear the police before passing orders under Section 175(3), which was not adhered to in this case.
The court's decision to quash the FIR was also influenced by the fact that the dispute was primarily civil in nature, revolving around the execution of a sale deed, rather than constituting a purely criminal matter.
The High Court's ruling underscores the importance of adhering to procedural requirements in criminal complaints to prevent misuse of the legal process and ensure the fair administration of justice.
Bottom line:-
An application under Section 156(3) of the CrPC must satisfy the compliance requirements of Section 154, including approaching the officer in charge of the concerned police station. Non-compliance can render the Magistrate's order and subsequent FIR invalid.
Statutory provision(s): Section 154 of CrPC, Section 156(3) of CrPC, Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023
Sanjeev Kumar Sharma v. State of HP, (Himachal Pradesh) : Law Finder Doc id # 2913544
