Law: Criminal Procedure Code (V of 1898)

Section: 22-A,561-A

Law: Penal Code (XLV of 1860)

Section: 341,34

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 561-A---Penal Code (XLV of 1860), Ss. 341 & 34---Wrongful restraint, common intention---Petition under S. 561-A, Cr.P.C. for quashing of FIR---Scope---Station House Officer of Police Station was directed by Justice of Peace to register case under the relevant provision of law and to carry out the investigation accordingly was charged in the FIR for restraining the respondent illegally, snatched the car on gun point contended that he was owner of the disputed car and the respondent had no proof that the car belonged to him; that alleged occurrence took place with someone else and that person was only competent to file application under S. 22-A, Cr.P.C., not the present respondent and that case was based on false and fabricated story and if the proceedings on the basis of impugned FIR was allowed to continue that would be an abuse of process of court of law---Validity---Contents of the FIR showed that cognizable offences under Ss. 341 & 34, P.P.C. were made out---Record showed that petitioner had admitted that in year 2014 he sold the questioned car to one "S"---After the said admission, if there was any outstanding amount against the purchaser, he could have claimed that amount through a civil suit had no authority to snatch the car without recourse to any legal forum---Registration of the case, in a cognizable offence, was the right of a citizen through which he sought his help and redressal from the State authorities---Said right had been protected with mandatory provision of S. 154, Cr.P.C.---SHO had no authority to refuse the registration of the case after having information of the alleged facts and occurrence---Circumstances suggested that police had made refusal due to some ulterior reasons and the Ex-officio Justice of Peace was quite justified and competent to issue direction under S. 22-A Cr.P.C. for the registration of case---No illegality had been committed, thus application was dismissed in limine. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Registration of FIR---If from any information, cognizable offence was made out, the officer incharge of police station was bound…

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