Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The man challenged both the order directing the investigation and the one ordering the FIR registration in separate petitions The petitioner argued that the Magistrate could not have treated the Crime Branch report as one under Section 156 after initially directing an investigation under Section 202. Emphasising the significance of the Magistrate's language in the order he noted that the phrase "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" indicated the Magistrate's intention to proceed under Chapter XVI of the Code, rather than Section 156. Deliberating on the contention of not having recorded the preliminary evidence of the complainant and its implication on the proceedings Justice Dhar observed, “It is true that the learned Magistrate before passing an order under Section 202 of the Code, should have recorded the preliminary evidence of the complainant in terms of 200 of the Code which he omitted to do, but the said omission on the part of the learned Magistrate is an irregularity committed by him, which does not in any manner indicate that the learned Magistrate did not intend to proceed under Chapter XVI of the Code”.