Sadiq B. Hanchinmani v State of Karnataka
4 November 2025
Citations: 2025 INSC 1282 | 2025 SCO.LR 11(2)[12]
The Supreme Court held that when allegations in a private complaint disclose the commission of a cognisable offence, the Magistrate may order the registration of an FIR and investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The Court clarified that such a direction is made before taking cognisance and does not qualify as “further investigation” under Section 173(8) of CrPC.
The appellant alleged that the accused forged a rent agreement on a fake e-stamp paper and used it in a property dispute. This attracted Sections 465, 468 and 471 of the Indian Penal Code, 1860 (IPC). The Judicial Magistrate directed registration of an FIR under Section 156(3), which was quashed by a Single Judge. Later, the Division Bench of the Karnataka High Court quashed the case on the ground that the Magistrate had not demonstrated application of mind.
The Supreme Court set aside the High Court’s orders. It held that at the preliminary stage, the Magistrate is only required to ascertain whether the complaint discloses a cognisable offence. Once that threshold is met, the police must investigate and the High Court should not interfere under Section 482 CrPC to halt the process.
Case comment
In the background of the factual position, the JMFC’s Order dated 18.01.2018 cannot be faulted. Enough material is available to justify a full-fledged investigation by the police. The JMFC, to our mind, had rightly referred the matter for investigation to the police since a prima facie case stood made out against the accused, in view of the material that was available with the JMFC
Held,on an overall circumspection of the facts and circumstances of the case, the material on record and the submissions made by learned counsel for the parties, the First and Second Impugned Orders dated 24.07.2019 and 18.11.2021 are set aside. FIR Crime No.12 of 2018, Khade Bazar Police Station stands restored. The police is directed to investigate the case expeditiously in accordance with law. It goes without saying that the private parties shall be at liberty to produce material to indicate their defence(s)/position during the police investigation as also before the Court concerned, in accordance with law, at the appropriate stage
Key words/phrases: Section 156(3) Code of Criminal Procedure, 1973—cognisable offence threshold—direction to register FIR—Magistrate’s referral power—no merits review at referral stage—Section 482 CrPC interference unwarranted—Karnataka High Court orders set aside—FIR restored
Read the Judgement here.
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