IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 352/2020
Decided On: 16.01.2025
Om Prakash Ambadkar
Vs.
The State of Maharashtra and Ors.
Hon’ble Judges/Coram: J.B. Pardiwala and R. Mahadevan, JJ.
Citation: MANU/SC/0134/2025, 2025 INSC 139.
1. The Respondent No. 3 who is the original complainant, although served with the notice issued by this Court, has chosen not to remain present either in-person or through an advocate and oppose this appeal.
2. This appeal arises from the impugned common judgment and Order passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur dated 16.10.2019 in Criminal Application No. 33/2012 by which the High Court rejected the application filed by the Appellant herein Under Section 482 of Code of the Criminal Procedure, 1973 (hereinafter, referred to as “the Cr.P.C.”) and thereby affirmed the order passed by the Judicial Magistrate First Class, Digras Under Section 156(3) of the Code of Criminal Procedure directing the police authorities to register the FIR against the Appellant herein for the offence punishable Under Sections 323, 294, 500, 504 & 506 respectively of the Indian Penal Code (for short, “the IPC”).
3. It appears from the materials on record that the original complainant preferred an application Under Section 156(3) of the Code of Criminal Procedure in the Court of Judicial Magistrate First Class, Digras praying that the police authorities be directed to register his FIR for the offences enumerated above. The averments made in the application filed by the complainant reads thus:
IN THE COURT OF HON’BLE JUDICIAL MAGISTRATE FIRST CLASS, DIGRAS
APPLICANT: Adv. Nitin Devidas Kubade Aged about 32 yrs. Occu. Advocate r/o Shashtrinagar, Digras Tq.Digras Dist. Yavatmal
Versus
Non-Application:
APPLICATION UNDER SECTION156(3) OF CR.P.C. FOR GIVING ORDER TO THE POLICE OF DIGRAS POLICE STATION TO REGISTERED THE OFFENCE AS PER THE COMPLAINT
The above named applicant begs to submits as under:
1. That, the applicant is permanent residence of above address and practicing as an advocate at Digras. On 31.12.2011 at about 11.30 to 11.40 pm. The Accused who are the policemen humiliated the applicant therefore on 03.01.2012 applicant want to lodged a report to the police station, Digras but the police did not accepted the same, therefore the applicant submitted his submission and requested the Bar Association, Digras about supported the applicant after considering the factual position.
2. That, it is submitted that as per the resolution of the Bar council of Digras, applicant alongwith the other members of Bar association submitted the grievance before learned Superintendent of Police Yavatmal and submitted a report to him but though the applicant submitted the report to the superintendent of Police Yavatmal then also as the Accused are policeman, the police are avoiding to registered the offence, against the Accused.
3. That, it is submitted that the applicant is filing the copy of report for kind perusal of this Hon’ble Court from which it reveals that the Accused has committed an offence Under Section 323, 294, 504, 506, 500 of Indian Penal Code and therefore it is the boundant duty of the police to registered the offence but the police are avoiding the same therefore the applicant is filing this application before this Hon’ble Court to direct the police to registered the offence against the Accused as per the report lodged before the Superintendant of Police Yavatmal.
4. That, it is submitted that from simple perusal of report there is prima-facie allegations against the Accused, but the police hectically avoiding to registered the offence, in such circumstances it is necessary in the interest of justice to use the power as laid down Under Section 156(3) of Code of Criminal Procedure whereby the Hon’ble Court has a power to direct the police to registered the offence. The copy of the report is annexed for kind perusal of this Hon’ble Court.
5. Prayer: It is therefore most humbly prays that,
(a) The Hon’ble Court may be pleased to direct the incharge Police officer of Digras Police Station to registered offence as per the report submitted before the Superintendant Police of Yavatmal.
(b) Any other suitable relief be given to the application in the circumstances if required.