VidhiSangh

Supreme Court of India · 04/05/2023

KAILASH VIJAYVARGIYA versus RAJLAKSHMI CHAUDHURI AND OTHERS

[2023] 6 S.C.R. 135 · 2023 INSC 494

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court affirmed remand of a rape complaint for judicial reconsideration but set aside the Magistrate’s subsequent direction to register an FIR. Section 156(3) requires application of judicial mind; neither mechanical registration nor a premature merits adjudication dismissing allegations as baseless is permissible. The Magistrate must choose the lawful procedural course without the Supreme Court deciding the allegations.

Issues

  1. Scope of judicial discretion under section 156(3), and its relationship with mandatory police registration and post-cognizance inquiry.
  2. Whether the Magistrate’s original rejection and subsequent mechanical FIR direction could stand.

Provisions considered

Held

Result

Appeals disposed of: High Court’s remand affirmed; subsequent Magistrate’s FIR-registration order set aside; matter remitted for fresh exercise of judicial discretion. No finding on the merits of the allegations.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 135.