VidhiSangh

Supreme Court of India · 04/11/2025

SADIQ B. HANCHINMANI versus THE STATE OF KARNATAKA & ORS. R1: THE STATE OF KARNATAKA R2: CHNDRUMAL R3: SANJAY R4: NANDKUMAR R5: VIJAY

[2025] 11 S.C.R. 246 · 2025 INSC 1282

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Summary

The Supreme Court restored an FIR, registered on a Magistrate's direction under Section 156(3) CrPC, alleging that a rent agreement on a fake e-stamp paper was produced before the High Court in a pending first appeal. The High Court had quashed the direction for want of application of mind. The Court held that the Magistrate's use of the word "further" did not make it a Section 173(8) direction, and the material prima facie disclosed cognizable offences warranting police investigation.

Issues

  1. Whether the Magistrate's direction for investigation under Section 156(3) CrPC, quashed by the High Court under Section 482 CrPC, was justified on the facts.
  2. Whether the Magistrate had sufficient material before him to refer the private complaint to the police for investigation.

Provisions considered

Held

Result

Appeals allowed; High Court orders of 24/07/2019 and 18/11/2021 set aside; FIR Crime No.12 of 2018, Khade Bazar Police Station restored and police directed to investigate expeditiously; accused free to place their defence at the appropriate stage; observations not to prejudice pending proceedings; no costs.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 246.