Chandigarh, July 23

The Punjab and Haryana High Court today dismissed a petition filed by MLA Simarjeet Singh Bains challenging a lower court order directing registration of a rape case against him. The allegations levelled by the complainant could not be disbelieved outrightly at this juncture, the High Court added.

Justice Manjari Nehru Kaul asserted the mere registration of an FIR could not be construed as an act which might prejudice the petitioner in any manner. The court was only required to examine the existence of a cognisable offence and direct the registration of an FIR in case necessary ingredients with respect to the offence were made out.

“I do not, thus, find any illegality in the impugned orders dated June 7 passed by Ludhiana Additional Sessions Judge, and July 7, passed by the Additional Chief Judicial Magistrate, wherein the latter rightly directed the registration of the case on the basis of the material before it,” Justice Kaul asserted.

In her detailed order, Justice Kaul added the power under Section 156(3), CrPC, on investigation by the police was a statutory power conferred upon a magistrate, giving rise to a remedy in favour of the aggrieved. It would rather be an act of abdication of his powers by a magistrate in case he did not take appropriate decision and failed to exercise his jurisdiction in the event of the aggrieved approaching him. — TNS