Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
S. 156 (3) CrPC | Magistrate Can't Refuse Direction To Lodge FIR Merely Because Facts Are In Applicant's Knowledge: Allahabad HC
The Allahabad High Court ruled that a magistrate cannot refuse to lodge an FIR under Section 156(3) of the CrPC merely because the applicant had prior knowledge of the facts. The court emphasized that the magistrate’s role is to ensure that a cognizable offense is investigated, regardless of the applicant’s prior knowledge. The ruling came in response to a petition challenging the magistrate’s refusal to lodge an FIR. The court’s decision reinforces the principle that the right to seek justice should not be hindered by technicalities and ensures that all cognizable offenses are duly investigated.