EXECUTIVE MAGISTRATE HAS NO JURISDICTION TO ORDER REGISTRATION OF F.I.R.

Hon’ble Supreme Court while discussing the validity of FIR registered on the orders of Executive Magistrate observed “It is therefore apparent that in the scheme of the Code, an Executive Magistrate has no role to play in directing the police to register an F.I.R. on basis of a private complaint lodged before him. If a complaint is lodged before the Executive Magistrate regarding an issue over which he has administrative jurisdiction, and the Magistrate proceeds to hold an administrative inquiry, it may be possible for him to lodge an F.I.R. himself in the matter. In such a case, entirely different considerations would arise.

A reading of the F.I.R. reveals that the police has registered the F.I.R on directions of the Sub­ Divisional Magistrate which was clearly impermissible in the law. The Sub­ Divisional Magistrate does not exercise powers under Section 156(3) of the Code. The very institution of the F.I.R. in the manner done is contrary to the law and without jurisdiction. (Naman Singh @Naman Pratap Singh and another Vs. State of U.P., Crl App.No. 1620/2018 decided on 13-12-18)