In a significant ruling, the Allahabad High Court has clarified that a magistrate cannot reject the registration of a First Information Report (FIR) simply because the complainant is already aware of the facts surrounding the case.
This decision comes as part of a judicial review of a complaint made by Mukesh Khargwar, a local elected representative from Chandauli.
Justice Manju Rani Chauhan issued this directive after scrutinizing the magistrate’s previous order, deemed to have applied judicial discretion in a mechanical manner.
The court has mandated that the magistrate issue a fresh order within one month, ensuring adherence to proper legal procedures.
Case History
The case originated when Khargwar, a member of the Papoura Development Block in Chhania, sought to voice a no-confidence motion against Arun Kumar Jaiswal, the block chief.
On 4 February 2024, he convened a meeting with fellow council members at the District Magistrate’s office to discuss this motion. However, following the meeting, he became the target of intimidation.
On 14 February 2024, Khargwar alleged that Gopal Singh, also known as Babloo, and Monu Singh arrived in his village with the intent to coerce him into signing an affidavit supporting the block chief.
When he refused, he claimed they subjected him to verbal abuse, including caste-based slurs, and physically assaulted him in an attempt to forcibly take him away.
During the altercation, Khargwar’s wife and several villagers intervened, managing to rescue him from the situation.
Following this distressing event, Khargwar approached the local police station to lodge a formal complaint, but he reported being turned away.
Undeterred, he subsequently filed an application under Section 156(3) of the Code of Criminal Procedure, which allows a complainant to request that a magistrate direct the police to register an FIR.
Instead of granting this request, the magistrate chose to initiate a complaint case, prompting Khargwar to seek judicial intervention.
The High Court’s ruling not only reinstates the complainant’s rights but also emphasizes the importance of proper legal protocols in the registration of FIRs, especially in cases involving allegations of violence and intimidation.
This judgment is likely to have broader implications for similar cases, reinforcing the legal standards that govern the actions of magistrates in India.
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