Excelsior Correspondent
SRINAGAR, Mar 13: High Court has stayed the trial court order directing for investigation as also the FIR lodged against the petitioner without looking as to whether the complainant has approached the police in the first instance before approaching the court.
Justice Ali Mohammad Magrey stayed the order of Special Mobile Magistrate Shopian passed in a complaint in terms whereof the SHO Police State Shopian has been directed to investigate the matter (business dispute between the complainant and petitioner).
The order of Mobile Magistrate has been challanged by the aggrieved person against whom FIR has been lodged through his counsel Shahbaaz Sikander on the ground that the order passed is against the non-adherence of Sections 154(1) and 154(3) of Code of Criminal Procedure which provides that the complainant should first approach the concerned SHO and in case the grievance is not redressed then the complainant has a remedy available under law to approach the SSP concerned by addressing a written complaint through registered post for preliminary enquiry into the matter.
If the complainant feels that his or her grievance has not been redressed the remedy available under Section 156(3) of CrPC which provides for filing of complaint before the concerned Judicial Magistrate with a proof of approaching the police before approaching the court.
Court while perusing the record said it reveals that the complainant on denial of police to register the case against the petitioner has approached the Judicial Magistrate under Section 156(3) CrPC but there is no mention in the application of adhering the first two sections of CrPC.
Court said the Magistrate contrary to the details of the application has on his own recorded the satisfaction qua adherence to these provisions of law.
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