Direction for FIR cannot be issued in a casual manner, says court

Delhi's Saket Court refused to give directions for registration of an FIR as it dismissed the revision moved by a man against his wife and her family members.

The court upheld the order of magistrate who had also refused to give the direction. The court referred to decision given by the supreme court and said that an exercise for issuance of direction for registration of FIR is not an empty formality and cannot be issued in a casual manner. Additional Sessions Judge (ASJ) Purshottam Pathak dismissed the revision moved by revisionist Vikramjeet Rana.

“It is a serious exercise of judicial discretion. It must be exercised after due application of mind to the facts and circumstances of the case and interest of justice. Such direction cannot be issued in a casual and mechanical manner,” ASJ Pathak said in the judgement passed on October 4.

Such a direction can only be issued where there is prima facie material disclosing commission of a cognizable offence warranting complex and scientific investigation for collection of evidence, the court said.