A First Information Report (FIR) filed on a magistrate's order is valid, the Bombay High Court ruled on Friday.
The High Court (HC) has said it is not necessary for a person to first go to the police and approach the magistrate only if the police refuse to file an FIR. A person can file a complaint with a magistrate before going to the police. The court was hearing the bail application of businessman, Dilip Kanal.
Justice D.G. Karnik said an FIR lodged on a magistrate’s order is not illegal even if the complainant did not approach police first as required under the Criminal Procedure Code.
Rejecting Kanal’s bail application, the HC said a competent court’s order “must be obeyed and followed even if it is erroneous”.
On August 20, 2009, director of Nevada Properties Pvt Ltd, Aparna Verma, moved an additional chief metropolitan magistrate’s court alleging that Kanal had committed forgery.
The magistrate directed the MRA Marg police to lodge an FIR. Kanal was arrested. He approached the HC after lower courts rejected his bail. Kanal’s lawyer, Niteen Pradhan, argued that Verma should have first filed a complaint with the police.
The court observed that once the FIR was registered, it was insignificant whether it was on information given by a complainant or on a magistrate’s order.