The HC cannot direct registration of FIR while exercising jurisdiction under Art 226; SC.
- 21:00Supreme Court of India
JUSTICE N.V. RAMANA, JUSTICE MOHAN M. SHANTANAGOUDAR & JUSTICE SANJIV KHANNA
The SC on March 20, 2020 {M. SUBRAMANIAM AND ANOTHER v. S. JANAKI AND ANOTHER} held that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report while exercising jurisdiction under Art 226 in view of the judgment in Sakiri Vasu v. State Of Uttar Pradesh And Others {(2008) 2 SCC 409}.
In the present case the SC was also surprised and concerned at the registration of the FIR in Crime No. 7 of 2010, notwithstanding, the stay order passed while issuing notice by which the operation of the impugned judgment was directed to remain stayed by the SC. Accordingly the appeal was allowed by the SC by setting aside the direction of the High Court for registration of the FIR and investigation into the matter by the police.