Om Prakash Ambadkar vs The State of Maharashtra & Ors.

Court

Supreme Court of India

Date

16 January 2025

Case No.

Criminal Appeal No. 352 of 2020

Result

Allowed

Bench

J.B. Pardiwala, R Mahadevan

Citation

[2025] 1 S.C.R. 1469 : 2025 INSC 139

Acts & Sections

CrPC IPC Bharatiya Nagarik Suraksha Sanhita, 2023

Issue for consideration

Magistrate passed an order under Section 156(3), Code of the Criminal Procedure, 1973 directing registration of FIR against the appellant-accused for the offences punishable under Sections 323, 294, 500, 504 & 506, Penal Code, 1860. Whether the High Court was justified in affirming the said order and rejecting the petition filed by the appellant under Section 482, Cr.P.C.

Headnote

Code of the Criminal Procedure, 1973 – s.156(3) – Scope – Penal Code, 1860 – ss.323, 294, 500, 504, 506 – On facts, whether a case is made out to put the appellant to trial for the alleged offences:

Held: No – Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation u/s.156(3), Cr.P.C., it is the duty of the concerned Magistrate to apply his mind for the purpose of ascertaining whether the allegations levelled in the complaint constitute any cognizable offence or not – However, in the present case, the Magistrate passed the order directing police investigation mechanically without ascertaining whether the allegations levelled disclose commission of any offence or not – On facts, none of the ingredients to constitute the offences punishable u/ss.323, 294, 500, 504 & 506, IPC are borne out – Order passed by the Magistrate directing police investigation u/s.156(3), Cr.P.C, set aside – Impugned order passed by the High Court affirming the said order also set aside. [Paras 11-13, 19, 37] Penal Code, 1860 – s.294 – ‘Obscene act’:

Held: Obscene act for the purpose of s.294 has a particular meaning – Mere abusive, humiliating or defamatory words by themselves are not sufficient to attract the offence u/s.294 – The act of a police officer assaulting the complainant within public view or public as alleged does not amount to an obscene act. [Para 15] Criminal Procedure Code, 1973 – s.156(3) – ‘may’ – Remedy u/s.156(3) is discretionary – Prerequisites to be followed before approaching the Magistrate u/s.156(3) – Discussed. [Para 24] Code of the Criminal Procedure, 1973 – s.156 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.175 – Changes brought by BNSS to the scheme of s.156, CrPC – Enumerated. [Paras 29-35]

Order 1. The Respondent No. 3 who is the original complainant, although served with the notice issued by this Court, has chosen not to remain present either in-person or through an advocate and oppose this appeal. 2. This appeal arises from the impugned common Judgment and Order passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur dated 16.10.2019 in Criminal Application No. 33/2012 by which the High Court rejected the application filed by the appellant herein under Section 482 of Code of the Criminal Procedure, 1973 (hereinafter, referred to as “the Cr.P.C.”) and thereby a

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