OM PRAKASH AMBADKAR versus THE STATE OF MAHARASHTRA & ORS.

OM PRAKASH AMBADKAR versus THE STATE OF MAHARASHTRA & ORS.

Where, on plain reading of the complaint, the necessary ingredients of the offences alleged are not borne out and the Magistrate has not applied judicial mind, an order under Section 156(3) Cr.P.C. directing police investigation is liable to be set aside; accordingly the Magistrate's order and the High Court's...

Source-derived case information.

Parties
Appellant / Accused: Om Prakash Ambadkar; Respondent: The State of Maharashtra & Ors.; Complainant / Respondent: Respondent No. 3 (original complainant)
Jurisdiction
India
Judgment Date
16 January 2025
Procedural Posture
Criminal Appeal No. 352 of 2020 / Appeal Against the High Court Judgment Dated 16.10.2019 (challenge to Affirmation of Magistrate's Order Under Section 156(3) Cr.p.c.)
Outcome
Appeal allowed
Legal Topics
Section 156(3) Cr.p.c., Police Investigation, Registration of FIR, Cognizable Offence, Application of Judicial Mind by Magistrate, Sections 323, 294, 500, 504, 506 IPC, Obscene Act Under Section 294 IPC, Criminal Intimidation, Defamation, Quashing / Section 482 Cr.p.c.
Criminal Procedure Criminal Law Section 156(3) Cr.p.c. Police Investigation Registration of FIR Cognizable Offence Application of Judicial Mind by Magistrate Sections 323, 294, 500, 504, 506 IPC +4 more

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Summary, issues, holding and outcome

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Parties

Om Prakash Ambadkar

Appellant / Accused

The State of Maharashtra & Ors.

Respondent

Respondent No. 3 (original complainant)

Complainant / Respondent

Procedural Posture

Criminal Appeal No. 352 of 2020 / Appeal Against the High Court Judgment Dated 16.10.2019 (challenge to Affirmation of Magistrate's Order Under Section 156(3) Cr.p.c.)

Legal Issues

  1. 1 Whether the Magistrate erred in mechanically directing police investigation under Section 156(3) Cr.P.C. without applying judicial mind
  2. 2 Whether the allegations on plain reading disclosed the ingredients of offences under Sections 323, 294, 500, 504 and 506 of the IPC so as to justify police investigation

Ratio Decidendi

Where, on plain reading of the complaint, the necessary ingredients of the offences alleged are not borne out and the Magistrate has not applied judicial mind, an order under Section 156(3) Cr.P.C. directing police investigation is liable to be set aside; accordingly the Magistrate's order and the High Court's affirmation were set aside in this case as no case to put the accused to trial was made out for the offences alleged.

Court Disposition

Appeal allowed

Orders

  • Impugned order passed by the High Court dated 16.10.2019 in CRLA (APL) No. 32 of 2012 set aside
  • Order passed by the Judicial Magistrate First Class, Digras dated 09.01.2012 directing police investigation under Section 156(3) Cr.P.C. set aside