Case Title: Vivek Sagar versus UT of J&K and Ors.
Date of Order: 17.02.2021
Bench: Hon’ble Mr. Justice Dhiraj Singh Thakur, Judge
Mr. Deepak Sharma, Advocate for the petitioner
A complaint came to be filed by the complainant before the court of Ld. Special Railway Magistrate Jammu under Section 156(3) seeking registration of FIR against online fraudsters who deprived the complainant of approximately Rs. 20,700/- on pretext of granting him an online loan.
However, the learned Magistrate ordered that “Ex facie the cognizable offences are found to have been committed. Therefore, at this stage, it is considered just and appropriate to allow the application and direct SSP Crime Branch, Jammu to look into the allegations and if some cognizable offence is found to have been committed by the accused persons, then only, an FIR shall be registered and the occurrence shall be investigated forthwith and SSP Crime branch, Jammu shall report compliance within 15 days of the receipt of the order.” The petitioner aggrieved of the impugned order moved the High Court challenging the order passed by the learned Magistrate.
Contention of the Petitioner:
Learned counsel for the petitioner states that if the learned Magistrate was satisfied that cognizable offences were on the face of it had been committed then there was no occasion for the learned Magistrate to leave it open to the respondents to look into the allegations to determine as to whether the cognizable offences had been committed or not.
Observations of the Court:
The Court observed that there is a contradiction in the order passed by the Court below. While on one hand, the learned Magistrate appears to be satisfied that cognizable offences seemed to have been committed on the basis of averments made in the complaint, on the other hand, the learned Magistrate has forwarded the complaint to be looked into by the Crime Branch with a further direction to register a case only if some cognizable offences are found to have been committed.
The Court ultimately set aside the impugned order and held that leaving the issue of registration of FIR to the wisdom of the official respondents is bad in law.
The Court also directed the Incharge Cyber Cell would register and FIR and the same shall be investigation by the concerned Branch dealing with the Cyber offences.