Connect with us


District Magistrate Has No Power to Order FIR Registration: Allahabad High Court

The District Magistrate of Balrampur, Arvind Singh, had ordered the registration of an FIR against the then in-charge of Gaidas Buzurg police station



Lucknow: In a recent judgment, the Lucknow Bench of the Allahabad High Court has criticized the District Magistrate of Balrampur, Arvind Singh, IAS, for ordering the registration of an FIR against the then in-charge of Gaidas Buzurg police station. The court stated that the District Magistrate lacks the authority to issue such orders, leading to a temporary suspension of the FIR against the police officer.

The case surfaced following a service-related petition filed by Pawan Kumar Kannaujiya, challenging the April 30 order issued by the District Magistrate. The order not only directed the registration of an FIR against Kannaujiya but also imposed additional punitive measures, including a special adverse entry in his service record.

ALSO READ: ‘Transfer Pune Police Commissioner Amitesh Kumar Immediately,’ Retired IAS Officer Urges Maharashtra Human Rights Commission

Kannaujiya’s legal team argued that the District Magistrate did not have the jurisdiction to issue such directives and requested that the orders be nullified. In defense, the state government’s attorney cited provisions of the UP Police Regulations, specifically Regulations 484 and 486, arguing that the orders were compliant with these regulations.

However, the division bench, led by Justice Abdul Moin, initially disagreed with this interpretation. The court referenced a Supreme Court decision in the Naman Singh case, which clarified that the Code of Criminal Procedure does not grant the Executive Magistrate the power to direct the police to register an FIR based on a private complaint.

ALSO READ: Meet L N Danwade: The ‘Judge’ Who Believes a 300-Word Essay is Justice for Rash Driving Resulting in Two Deaths

The High Court’s ruling emphasized the importance of adhering to legal procedures and ensuring that officials do not overstep their authority. The court’s decision has sparked discussions about the boundaries of administrative powers and the need for clear guidelines to prevent misuse of authority. It underscores the necessity for officials to operate within the confines of the law to uphold justice and maintain public trust in the legal system.

Follow on

Twitter (X)LinkedInand YouTube

Continue Reading