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No right of hearing at the time of registration of the FIR

The Bombay High Court in Mrs. Laxmi Mukul Gupta @ Lipi vs The State of Maharashtra, quashed and set aside an order passed by a metropolitan magistrate wherein an intervention application filed by accused was allowed and held that unless process is issued, a person against whom an FIR is sought to be registered cannot intervene through such application under Section 156(3) of the CrPC.

The application under Section 156(3) was filed by one Laxmi Mukul Gupta, who sought an FIR to be registered against the respondents for offences punishable under sections 420, 354(b), 355, 382, 387, 467, 468, 450, 452, 506(II), 120 (b) r/w S.34 of the IPC.

The respondents filed an application on May 26, 2017, claiming that averments made in the 156(3) application are false and frivolous.

The High Court referring to Anju Choudhari Vs. State of Uttar Pradesh held that the scheme of the Criminal Procedure Code does not provide for any right of hearing at the time of registration of the First Information Report. As already noticed, the registration forthwith of a cognizable offence is the statutory duty of a police officer in charge of the police station. The very purpose of fair and just investigation shall stand frustrated if pre­ registration hearing is required to be granted to a suspect.

Article referred: http://www.livelaw.in/process-issued-person-fir-sought-registered-cant-intervene-application-sec-1563-crpc-bombay-hc-read-judgment/

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