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Executive Magistrate Cannot Direct Police To Register FIR

In Naman Pratap Singh vs. State of Uttar Pradesh, a student had lodged a complaint with the Sub-Divisional Magistrate, Unnao that she had been duped into taking admission in an unrecognised institute. The Executive magistrate, on the same day, directed the police to register a first information report and thus an FIR was registered.

The Supreme Court on appeal referring to the Section 154, 190 & 156(3) of the Code of Criminal Procedure, held that it is apparent that in the scheme of the Code, an Executive Magistrate has no role to play in directing the police to register an F.I.R. on basis of a private complaint lodged before him. If a complaint is lodged before the Executive Magistrate regarding an issue over which he has administrative jurisdiction, and the Magistrate proceeds to hold an administrative inquiry, it may be possible for him to lodge an F.I.R. himself in the matter. In such a case, entirely different considerations would arise. A reading of the F.I.R. reveals that the police has registered the F.I.R on directions of the Sub­Divisional Magistrate which was clearly impermissible in the law. The Sub­Divisional Magistrate does not exercise powers under Section 156(3) of the Code. Therefore the very institution of the F.I.R. in the manner done is contrary to the law and without jurisdiction. 

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