FIR: HC asks Lal to approach bigger bench

The court said that the sections under which the FIR was ordered to be registered were non-cognisable. However,a three-judge bench of the High Court had earlier held that a prospective accused cannot challenge registration of an FIR through a writ petition. Therefore,the court was not empowered to decide the matter.

The court said that the petitioners (Lal and others) may approach the division bench seeking cancellation of the magistrate’s order on the FIR on the grounds that the sections under which it was to be registered were non-cognisable offences.

Passing the order,a single judge bench of S C Agarwal said that the main question before it was whether a prospective accused can challenge registration of FIR against him.

“The magistrate could not have directed registration of the case under Section 156 (3) of the Criminal Procedure Code,unless prima facie cognisable offence was disclosed. In (this) case,the accused persons (Lal and others) are guilty for the offences under Sections 120-B and 166 of the IPC (Indian Penal Code). These offences are non-cognisable offences.On the other hand,a three-judge bench of this court.has held that the prospective accused have no right to challenge an order under section 156 (3) of the CrPC by means of a writ petition,” the court said.

The magistrate had ordered registration of FIR on the basis of a petition filed by Brijendra Singh Yadav,a police constable,who had alleged that Rs 25 per month were allegedly illegally deducted from the salaries of 3.5 lakh constables.

The petitioner had argued that there was a basis for a case to be registered under sections 166 (a public servant disobeying law) and 120-B (Criminal Conspiracy). The magistrate had ordered registration of FIR on September 12.