Ashish Sharma vs Anupam on 8 July, 2026

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    Himachal Pradesh High Court

    Ashish Sharma vs Anupam on 8 July, 2026

                                                                                2026:HHC:27588
    
    
    
    
                   IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  Cr. MMO No. 180 of 2026
    
                                                  Reserved on: 12.05.2026
    
    
    
    
                                                                          .
    
                                                  Date of Decision 08.07.2026
    
    
              Ashish Sharma                                                 ...Petitioner
    
    
    
    
    
                                                        Versus
              Anupam                                                       ...Respondent
    
    
    
    
                                                  of
              Coram
              Hon'ble Mr Justice Rakesh Kainthla, Judge.
              Whether approved for reporting? No.
                          rt
              For the petitioner              :   In person.
    
              For the respondents             :   Nemo
    
    
              Rakesh Kainthla, Judge
    

    The petitioner has filed the present petition for

    setting aside the order dated 04.11.2025, passed by learned

    SPONSORED

    Additional Sessions Judge (CBI Court), Shimla, District

    Shimla, H.P. (learned revisional Court) vide which the order

    dated 28.03.2025, passed by learned Judicial Magistrate, First

    Class, Court No. III, Shimla, District Shimla, H.P. (learned

    Trial Court) was upheld. (The parties shall hereinafter be

    _____________________________
    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    referred to in the same manner as they were arrayed before the

    learned trial Court for convenience).

    .

    2. Briefly stated, the facts giving rise to the present

    petition are that the complainant filed a complaint against the

    accused for the commission of offences punishable under

    Sections 406, 420, 463, 468-471, etc. of the Indian Penal Code

    of
    (IPC). It was asserted that the accused is working in Dayanand

    Public School, The Mall, Shimla, H.P. and was involved in
    rt
    unfair recruitment to the post of PGT (IP) in the year 2018.

    The complainant brought this fact to the notice of higher

    authorities. The higher authorities suspended the

    complainant on 07.12.2019, instead of taking any action

    against the accused. A list of witnesses was supplied in the

    memorandum, in which the name of Mr R.C. Sharma was not

    mentioned, but his document was attached with imputation

    No.8. A false allegation of breach of conduct was made against

    the complainant. An inquiry was conducted against the

    complainant, but the cross-examination of Mr R.C. Sharma

    was not conducted. Since there was no cross-examination,

    hence, the inquiry was not a proper inquiry under the law. A

    fake report was submitted by the Inquiry Officer, and the

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    complainant was removed from his job on 07.12.2021. The

    accused issued an experience certificate mentioning the

    .

    words suspension and removal of service after holding a

    proper inquiry. The accused was aware of the fact that the

    inquiry was not properly conducted because R.C Sharma was

    not examined. The accused had created a fake experience

    of
    certificate to harass and defame the complainant; therefore, it

    was prayed that an action be taken against the accused.

    3.
    rtThe learned Trial Court held that the complainant

    should have complied with the provisions of Section 154 (1)

    and 154 (3) of the Code of Criminal Procedure (CrPC) before

    filing the complaint as per the judgment of the Hon’ble

    Supreme Court in Priyanka Srivastava vs State of UP 2015

    AIRSCW 20175, but he had failed to do so; hence, the complaint

    was dismissed.

    4. Being aggrieved by the order passed by the learned

    Trial Court, the complainant filed a revision, which was

    decided by the learned Additional Sessions Judge (CBI Court).

    Shimla, District Shimla (learned revisional Court). The

    learned revisional Court held that the complainant was

    removed from service after a disciplinary inquiry. A letter

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    written by the complainant’s father was the basis of the

    charge. He was not cited as a witness, and he could not be

    .

    cross-examined. These allegations are to be adjudicated by

    the competent authority examining the validity of the enquiry

    and not by the Criminal Court. The Criminal Court cannot sit

    over the findings of the departmental proceedings. Learned

    of
    Trial Court had dismissed the complaint after affording a

    proper opportunity to the complainant. Therefore, the
    rt
    revision preferred by the complainant was dismissed.

    5. Being aggrieved by the orders passed by the

    learned Courts below, the complainant has filed the present

    petition asserting that the learned Courts below erred in

    appreciating the material placed on record. The accused had

    created a fake experience certificate, containing false

    information. The document was created to harass and defame

    the complainant’s reputation. Anyone who makes a false and

    disrespectful statement about another person can be held

    liable for defamation; therefore, it was prayed that the orders

    passed by the learned Courts below be set aside and the action

    be taken against the accused.

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    6. I have heard the petitioner, who appeared in

    person.

    .

    7. The petitioner submitted that Mr R.C Sharma was

    mentioned as a witness in the memorandum, but he was not

    cross-examined. An inquiry conducted without examining all

    the witnesses is not a proper inquiry. A fake experience

    of
    certificate was issued, mentioning that a proper inquiry was

    conducted. Learned Courts below failed to properly appreciate
    rt
    the material placed before them; hence, he prayed that the

    present petition be allowed and the orders passed by learned

    Courts below be set aside.

    8. I have given a considerable thought to the

    submissions made at the bar and have gone through the

    records carefully.

    9. The complainant filed the complaint on the

    assumption that his father, Mr RC Sharma, was not examined,

    and the inquiry was not proper. Learned Revisional Court had

    rightly held that the remedy of the complainant was to

    approach a proper forum to set aside the inquiry report

    submitted by an Inquiry Officer, and a criminal Court cannot

    sit in appeal over the findings recorded by an Inquiry Officer.

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    10. It was laid down by the Hon’ble Supreme Court in

    State of Kerala v. M.K. Kunhikannan Nambiar Manjeri

    .

    Manikoth, (1996) 1 SCC 435, that a decision rendered between

    the parties cannot be said to be non-existent, and such an

    order has to be avoided by challenging it in a higher forum. It

    was observed: –

    of

    7….In our opinion, even a void order or decision
    rendered between parties cannot be said to be non-

    existent in all cases and in all situations. Ordinarily,
    rtsuch an order will, in fact, be effective inter partes until
    it is successfully avoided or challenged in a higher
    forum. Mere use of the word ‘void’ is not determinative

    of its legal impact. The word ‘void’ has a relative rather
    than an absolute meaning. It only conveys the idea that
    the order is invalid or illegal. It can be avoided. There
    are degrees of invalidity depending upon the gravity of

    the infirmity, as to whether it is, fundamental or
    otherwise and in this case, the only complaint about
    the initiation of the suo motu proceedings by the Board

    was, that it was not initiated on intimation by the State
    Land Board about the non-filing of the statement as

    required by Section 85(7) of the Kerala Land Reforms
    Act. In our opinion, this is not a case where the

    infirmity is fundamental. It is unnecessary to consider
    the matter further.

    8. In Halsbury’s Laws of England, 4th Edn., (Re-issue)
    Vol. 1(1) in para 26, p. 31, it is stated, thus:

    “If an act or decision, or an order or other
    instrument is invalid, it should, in principle, be null
    and void for all purposes; and it has been said that
    there are no degrees of nullity. Even though such an act
    is wrong and lacking in jurisdiction, however, it

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    subsists and remains fully effective unless and until it
    is set aside by a court of competent jurisdiction. Until
    its validity is challenged, its legality is preserved.”

    In the Judicial Review of Administrative Action, De Smith, Woolf

    .

    and Jowell, 1995 Edn., at pp. 259-60, the law is stated thus:

    “The erosion of the distinction between jurisdictional
    errors and non-jurisdictional errors has, as we have seen,

    correspondingly eroded the distinction between void and
    voidable decisions. The courts have become increasingly
    impatient with the distinction, to the extent that the

    of
    situation today can be summarised as follows:

    (1) All official decisions are presumed to be valid until
    set aside or otherwise held to be invalid by a court
    rt of competent jurisdiction.”

    Similarly, Wade and Forsyth in Administrative Law,
    Seventh Edn., 1994, have stated the law thus at pp. 341-

    342:

    “… every unlawful administrative act, however invalid,
    is merely voidable. But this is no more than the truism

    that in most situations the only way to resist unlawful
    action is by recourse to the law. In a well-known passage,
    Lord Radcliffe said:

    ‘An order, even if not made in good faith, is still an
    act capable of legal consequences. It bears no brand of

    invalidity upon its forehead. Unless the necessary
    proceedings are taken at law to establish the cause of
    invalidity and to get it quashed or otherwise upset, it

    will remain as effective for its ostensible purpose as
    the most impeccable of orders.’
    This must be equally true even where the brand of
    invalidity is plainly visible: for there also the order can
    effectively be resisted in law only by obtaining the
    decision of the court. The necessity of recourse to the
    court has been pointed out repeatedly in the House of

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    Lords and Privy Council without distinction between
    patent and latent defects.”

    The above statement of the law supports our view that
    the order of the Board dated 28-6-1977, declining to

    .

    implead Respondents 3 and 4 (which stood confirmed
    in revision), concludes the matter against Respondents
    3 and 4.”

    11. This position was reiterated in Nagar Parishad,

    Ratnagiri v. Gangaram Narayan Ambekar, (2020) 7 SCC 275,

    of
    wherein it was observed: –

    “16. Arguendo, the plaint as filed by Respondents 1 to
    rt
    19 also suffers from another fundamental deficiency.
    Indeed, it is a cleverly drafted plaint, so as to give an
    impression that the competent authority had not taken

    any decision in exercise of statutory powers until the
    filing of the suit. However, in the written statement, a
    clear assertion has been made by the defendants
    (appellant and Respondent 20) that the decision to

    allot suit land to the appellant and for setting up the
    Project was taken after due deliberation and
    consultation with the Expert Committee, including the

    exercise of statutory powers of the authority concerned
    in that regard. None of these decisions of the

    competent authority has been assailed by the
    plaintiffs, nor has any declaratory relief been sought in
    that regard. In such a case, it would not be enough to

    ask for a permanent injunction simpliciter, and the suit
    so filed ought to have been rejected at the threshold on
    that count alone. We may usefully advert to the
    exposition of this Court in Kandla Port v. Hargovind
    Jasraj [Kandla Port
    v. Hargovind Jasraj, (2013) 3 SCC 182:

    (2013) 2 SCC (Civ) 1]. In paras 26 to 31, the Court
    observed thus: (SCC pp. 193-95)
    “26. Mr Ahmadi next argued that the
    termination of the lease being illegal and non est in

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    law, the respondent-plaintiffs could ignore the
    same, and so long as they or any one of them
    remained in possession, a decree for injunction
    restraining the Port Trust from interfering with

    .

    their possession could be passed by the court

    competent to do so. We are not impressed by that
    submission.

    27. The termination of the lease deed was by an

    order which the plaintiffs ought to get rid of by
    having the same set aside, or declared invalid for
    whatever reasons; it may be permissible to do so. No

    of
    order bears a label of its being valid or invalid on its
    forehead. Anyone affected by any such order ought
    to seek redress against the same within the period
    permissible for doing so. We may, in this regard,
    rt
    refer to the following oft-quoted passage in Smith v.
    East Elloe Rural District Council [Smith v. East Elloe

    Rural District Council, 1956 AC 736: (1956) 2 WLR 888
    (HL)]. The following are the observations regarding
    the necessity of recourse to the Court for
    establishing the invalidity of an order established:

    ‘… An order, even if not made in good faith, is
    still an act capable of legal consequences. It bears
    no brand of invalidity on its forehead. Unless the

    necessary proceedings are taken at law to
    establish the cause of invalidity and to get it

    quashed or otherwise upset, it will remain as
    effective for its ostensible purpose as the most
    impeccable of orders.’ [Smith case [Smith v. East

    Elloe Rural District Council, 1956 AC 736: (1956) 2
    WLR 888 (HL)], AC pp. 769-70]
    This must be equally true even where the brand of
    invalidity is plainly visible: for there also the order
    can effectively be resisted in law only by obtaining
    the decision of the court. The necessity of recourse
    to the court has been pointed out repeatedly in the
    House of Lords and Privy Council without
    distinction between patent and latent defects. [Ed.:

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    Wade and Forsyth in Administrative Law, 7th Edn.,
    1994.]

    28. The above case was approved by this Court in
    Krishnadevi Malchand Kamathia v. Bombay

    .

    Environmental Action Group [Krishnadevi Malchand

    Kamathia v. Bombay Environmental Action Group,
    (2011) 3 SCC 363], wherein this Court observed: (SCC
    pp. 369-70, para 19)

    ’19. Thus, from the above, it emerges that
    even if the order/notification is void/voidable,
    the party aggrieved by the same cannot decide

    of
    that the said order/notification is not binding
    upon it. It has to approach the court for seeking
    such a declaration. The order may be
    rthypothetically a nullity, and even if its invalidity
    is challenged before the court in a given
    circumstance, the court may refuse to quash the

    same on various grounds, including the standing
    of the petitioner, on the ground of delay or on
    the doctrine of waiver or any other legal reason.
    The order may be void for one purpose or for one

    person, it may not be so for another purpose or
    another person.’

    29. To the same effect is the decision of this

    Court in Pune Municipal Corpn. v. State of
    Maharashtra [Pune Municipal Corpn.
    v. State of

    Maharashtra, (2007) 5 SCC 211] wherein this Court
    discussed the need for determination of invalidity of
    an order for public purposes : (SCC pp. 225-26,

    paras 36 & 38-39)
    ’36. It is well settled that no order can be
    ignored altogether unless a finding is recorded
    that it was illegal, void or not in consonance with
    law. As Prof. Wade states:

    “The principle must be equally true even
    where the ‘brand of invalidity’ is plainly
    visible: for there also the order can effectively
    be resisted in law only by obtaining the

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    decision of the court.” [H.W.R. Wade,
    Administrative Law (6th Edn., Clarendon
    Press, Oxford 1988) 352].

    He further states:

    .

    “The truth of the matter is that the court
    will invalidate an order only if the right
    remedy is sought by the right person in the

    right proceedings and circumstances. The
    order may be hypothetically a nullity, but the
    court may refuse to quash it because of the
    plaintiff’s lack of standing, because he does

    of
    not deserve a discretionary remedy, because
    he has waived his rights, or for some other
    legal reason. In any such case, the “void”

    rt order remains effective and is, in reality,
    valid. It follows that an order may be void for
    one purpose and valid for another; and that it

    may be void against one person but valid
    against another.” [H.W.R. Wade,
    Administrative Law (6th Edn., Clarendon
    Press, Oxford 1988) 352-53]

    ***

    38. A similar question came up for consideration
    before this Court in State of Punjab v. Gurdev Singh

    [State of Punjab v. Gurdev Singh, (1991) 4 SCC 1: 1991
    SCC (L&S) 1082]. …

    39. Setting aside the decree passed by all the
    courts and referring to several cases, this Court held

    that if the party aggrieved by the invalidity of the
    order intends to approach the court for a
    declaration that the order against him was
    inoperative, he must come before the court within
    the period prescribed by limitation. “If the statutory
    time of limitation expires, the court cannot give the
    declaration sought for.” ‘

    30. Reference may also be made to the decisions
    of this Court in R. Thiruvirkolam v. Labour Court [R.

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    Thiruvirkolam v. Labour Court, (1997) 1 SCC 9: 1997
    SCC (L&S) 65], State of Kerala v. M.K. Kunhikannan
    Nambiar Manjeri Manikoth [State of Kerala v. M.K.
    Kunhikannan Nambiar Manjeri Manikoth, (1996) 1

    .

    SCC 435] and Tayabbhai M. Bagasarwalla v. Hind

    Rubber Industries (P) Ltd. [Tayabbhai M.
    Bagasarwalla v. Hind Rubber Industries (P) Ltd.,
    (1997) 3 SCC 443], where this Court has held that an

    order will remain effective and lead to legal
    consequences unless the same is declared to be
    invalid by a competent court.”

    of

    12. Therefore, the order of the removal passed by the

    competent authority is valid unless set aside. In the present
    rt
    case, the order has not been set aside by the competent

    authority and the very basis of the complaint that the inquiry

    was fake because the complainant’s father was not examined

    is legally incorrect; hence, the complaint filed by the

    complainant that a certificate containing a wrong mention of

    the proper inquiry is a forged document created to cheat and

    harm the complainant’s reputation is also without any basis.

    13. Learned Trial Court had rightly held that the

    complainant was required to file a complaint before the

    Station House Officer of the Police Station before approaching

    the Court. It was laid down by the Hon’ble Supreme Court in

    Ranjit Singh Bath Vs. Union Territory of Chandigarh, 2025 SCC

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    OnLine 1479 that Section 154(1) requires that the information

    regarding the commission of a cognizable offence has to be

    .

    furnished to an officer in charge of the Police Station. When

    the complaint was not made to the officer in charge of the

    Police Station but to some other officer, there is no

    compliance with Section 154(1), and it is not permissible for

    of
    him to approach the learned Magistrate under Section 156(3)

    of the Cr.PC. It was observed:

    rt7. The requirement of sub-Section (1) of Section 154 is
    that information regarding the commission of a

    cognizable offence has to be furnished to an officer
    Incharge of a Police Station. In this case, obviously, the
    said compliance was not made. It is stated that the
    Inspector General of Police forwarded a complaint to

    the Economic Offences Wing. Sub-Section (3) of
    Section 154 comes into picture only when, after a
    complaint is submitted to the Officer In-Charge of

    Police Station or information is provided to the Officer
    In-Charge of Police Station regarding the commission

    of a cognizable offence, the Officer In-Charge refuses
    or neglects to register a First Information Report.

    8. Sub-Sections (1) and (3) of Section 154 of the CrPC
    are the two remedies available for setting the criminal
    law in motion. Therefore, this Court held that before a
    complainant chooses to adopt a remedy under Section
    156(3)
    of the CrPC, he must exhaust his remedies
    under sub-Sections (1) and (3) of Section 154 of the
    CrPC, and he must make those averments in the
    complaint and produce the documents in support.

    However, in this case, the second respondent did not
    exhaust the remedies. In this view of the matter, we

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    find that both the learned Magistrate and the High
    Court have completely ignored the binding decision of
    this Court in the case of Priyanka Srivastava (2015) 6
    SCC 287.

    .

    9. We, therefore, quash and set aside both the
    impugned orders and quash and set aside all the
    further steps taken on the basis of the order dated 14th

    June, 2017, passed by the learned Judicial Magistrate.

    14. It was submitted that the judgment of Priyanka

    of
    Srivastava
    (supra) does not apply to the present case because

    the complaint was filed under Bhartiya Nagrik Suraksha
    rt
    Sanhita (BNSS), 2023. This submission is only stated to be

    rejected. It was laid down by the Hon’ble Supreme Court in

    Om Prakash Ambadkar v. State of Maharashtra, (2026) 2 SCC

    622: 2025 SCC OnLine SC 238 that the requirements of Priyanka

    Srivastava (supra) have been codified under BNSS. It was

    observed at page 637:

    34. A comparison of Section 175(3) BNSS with Section
    156(3)
    CrPC indicates three prominent changes that
    have been introduced by the enactment of BNSS as

    follows:

    (a) First, the requirement of making an application
    to the Superintendent of Police upon refusal by the
    officer in charge of a police station to lodge the FIR
    has been made mandatory, and the applicant
    making an application under Section 175(3) is
    required to furnish a copy of the application made
    to the Superintendent of Police under Section

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    173(4), supported by an affidavit, while making the
    application to the Magistrate under Section 175(3).

    (b) Secondly, the Magistrate has been empowered to
    conduct such an enquiry as he deems necessary

    .

    before making an order directing registration of

    FIR.

    (c) Thirdly, the Magistrate is required to consider
    the submissions of the officer in charge of the police

    station as regards the refusal to register an FIR
    before issuing any directions under Section 175(3).

    35. The introduction of these changes by the

    of
    legislature can be attributed to the judicial evolution of
    Section 156CrPC undertaken by a number of decisions
    of this Court. In Priyanka Srivastava v. State of U.P.
    [Priyanka Srivastava
    v. State of U.P., (2015) 6 SCC 287:

    rt
    (2015) 3 SCC (Civ) 294: (2015) 4 SCC (Cri) 153], this Court
    held that prior to making an application to the

    Magistrate under Section 156(3) CrPC, the applicant
    must necessarily make applications under Sections
    154(1) and 154(3). It was further observed by the Court
    that applications made under Section 156(3) CrPC must

    necessarily be supported by an affidavit sworn by the
    applicant. The reason given by the Court for
    introducing such a requirement was that applications
    under Section 156(3) CrPC were being made in a

    routine manner and in a number of cases only with a
    view to causing harassment to the accused by

    registration of FIR.

    36. It was further observed in Priyanka Srivastava

    [Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287:

    (2015) 3 SCC (Civ) 294: (2015) 4 SCC (Cri) 153] that the
    requirement of supporting the complaint with an
    affidavit would ensure that the person making the
    application is conscious and also to see that no false
    affidavit is made. Once an affidavit is found to be false,
    the applicant would be liable for prosecution in
    accordance with the law. This would deter him from
    casually invoking the authority of the Magistrate under
    Section 156(3).

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    37. The relevant observations made by the Court are
    reproduced hereinbelow: (Priyanka Srivastava case
    [Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287:

    (2015) 3 SCC (Civ) 294: (2015) 4 SCC (Cri) 153], SCC pp.

    .

    305-306, paras 27-31)

    “27. Regard being had to the aforesaid enunciation
    of law, it needs to be reiterated that the learned
    Magistrate has to remain vigilant with regard to the

    allegations made and the nature of the allegations and
    not to issue directions without proper application of
    mind. He has also to bear in mind that sending the

    of
    matter would be conducive to justice, and then he may
    pass the requisite order. The present is a case where
    the accused persons are serving in high positions in
    the Bank. We are absolutely conscious that the
    rt
    position does not matter, for nobody is above the
    law. But the learned Magistrate should take note of
    the allegations in entirety, the date of the incident

    and whether any cognizable case is remotely made
    out. It is also to be noted that when a borrower of
    the financial institution covered under the SARFAESI
    Act
    invokes the jurisdiction under Section 156(3)

    CrPC, and also there is a separate procedure under
    the Recovery of Debts Due to Banks and Financial
    Institutions Act, 1993
    , an attitude of more care,

    caution, and circumspection has to be adhered to.

    28. Issuing a direction stating “as per the application”

    to lodge an FIR creates a very unhealthy situation in
    society and also reflects the erroneous approach of the
    learned Magistrate. It also encourages unscrupulous

    and unprincipled litigants, like Respondent 3, namely,
    Prakash Kumar Bajaj, to take adventurous steps with
    courts to bring the financial institutions to their knees.
    As the factual exposition would reveal, Respondent
    3 had prosecuted the earlier authorities, and after
    the matter is dealt with by the High Court in a writ
    petition recording a settlement, he does not
    withdraw the criminal case and wait for some kind
    of situation where he can take vengeance as if he is

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    the emperor of all he surveys. It is interesting to
    note that during the tenure of Appellant 1, who is
    presently occupying the position of Vice-President,
    neither was the loan taken nor was the default

    .

    made, nor was any action under the SARFAESI Act

    taken. However, the action under the SARFAESI Act
    was taken on the second time at the instance of the
    present Appellant 1. We are only stating about the

    devilish design of Respondent 3 to harass the
    appellants with the sole intent to avoid the payment
    of the loan. When a citizen avails a loan from a

    of
    financial institution, it is his obligation to pay back
    and not play truant or, for that matter, play possum.
    As we have noticed, he has been able to do such
    adventurous acts as he has the embedded conviction
    rt
    that he will not be taken to task because an application
    under Section 156(3) CrPC is a simple application to the
    court for the issue of a direction to the investigating

    agency. We have been apprised that a carbon copy of a
    document is filed to show compliance with Section
    154(3), indicating it has been sent to the
    Superintendent of Police concerned.

    29. At this stage, it is seemly to state that power under
    Section 156(3) warrants application of the judicial
    mind. A court of law is involved. It is not the police

    taking steps at the stage of Section 154 of the Code. A
    litigant at his own whim cannot invoke the authority of

    the Magistrate. A principled and really grieved citizen
    with clean hands must have free access to invoke the
    said power. It protects the citizens, but when pervert

    litigations takes this route to harass their fellow
    citizens, efforts are to be made to scuttle and curb the
    same.

    30. In our considered opinion, a stage has come in this
    country where Section 156(3)CrPC applications are to
    be supported by an affidavit duly sworn by the
    applicant who seeks the invocation of the jurisdiction of
    the Magistrate. That apart, in an appropriate case, the
    learned Magistrate would be well advised to verify the

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    2026:HHC:27588

    truth and also can verify the veracity of the allegations.
    This affidavit can make the applicant more responsible.
    We are compelled to say so as such kind of applications
    are being filed in a routine manner without taking any

    .

    responsibility whatsoever, only to harass certain

    persons. That apart, it becomes more disturbing and
    alarming when one tries to pick up people who are
    passing orders under a statutory provision which can be

    challenged under the framework of the said Act or
    under Article 226 of the Constitution of India. But it
    cannot be done to take undue advantage in a criminal

    of
    court as if somebody is determined to settle the scores.

    31. We have already indicated that there has to be prior
    applications under Sections 154(1) and 154(3) while
    filing a petition under Section 156(3). Both aspects
    rt
    should be clearly spelt out in the application, and the
    necessary documents to that effect shall be filed. The
    warrant for giving a direction that an application under

    Section 156(3) be supported by an affidavit is so that
    the person making the application should be conscious
    and also endeavour to see that no false affidavit is
    made. It is because once an affidavit is found to be

    false, he will be liable for prosecution in accordance
    with the law. This will deter him to casually invoke the
    authority of the Magistrate under Section 156(3). That

    apart, we have already stated that the veracity of the
    same can also be verified by the learned Magistrate,

    regard being had to the nature of the allegations of the
    case. We are compelled to say so as a number of cases
    pertaining to fiscal sphere, matrimonial dispute/family

    disputes, commercial offences, medical negligence
    cases, corruption cases and the cases where there is
    abnormal delay/laches in initiating criminal
    prosecution, as are illustrated in Lalita Kumari [Lalita
    Kumari v. State of U.P.
    , (2014) 2 SCC 1 : (2014) 1 SCC
    (Cri) 524] are being filed. That apart, the learned
    Magistrate would also be aware of the delay in lodging
    of the FIR.” (emphasis supplied)

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    38. In a recent pronouncement of this Court in Babu
    Venkatesh v. State of Karnataka [Babu Venkatesh v. State
    of Karnataka, (2022) 5 SCC 639 : (2022) 2 SCC (Cri) 455],
    the observations made in Priyanka Srivastava [Priyanka

    .

    Srivastava v. State of U.P., (2015) 6 SCC 287 : (2015) 3 SCC

    (Civ) 294 : (2015) 4 SCC (Cri) 153] were referred to and it
    was held as follows: (Babu Venkatesh case [Babu
    Venkatesh v. State of Karnataka
    , (2022) 5 SCC 639 :

    (2022) 2 SCC (Cri) 455], SCC p. 646, paras 24-26)
    “24. This Court has clearly held that a stage has come
    where applications under Section 156(3) CrPC are to be

    of
    supported by an affidavit duly sworn by the
    complainant who seeks the invocation of the
    jurisdiction of the Magistrate.

    25. This Court further held that, in an appropriate case,
    rt
    the learned Magistrate would be well advised to verify
    the truth and also verify the veracity of the allegations.

    The Court has noted that applications under Section

    156(3) CrPC are filed in a routine manner without
    taking any responsibility, only to harass certain
    persons.

    26. This Court has further held that, prior to the filing
    of a petition under Section 156(3) CrPC, there have to
    be applications under Sections 154(1) and 154(3) CrPC.
    This Court emphasises the necessity to file an affidavit

    so that the persons making the application should be
    conscious and not make a false affidavit. With such a

    requirement, the persons would be deterred from
    causally invoking the authority of the Magistrate,
    under Section 156(3) CrPC. Inasmuch as if the affidavit

    is found to be false, the person would be liable for
    prosecution in accordance with the law.” (emphasis
    supplied)

    39. In light of the judicial interpretation and evolution
    of Section 156(3)CrPC by various decisions of this Court
    as discussed above, it becomes clear that the changes
    introduced by Section 175(3) BNSS to the existing
    scheme of Section 156(3) merely codify the procedural
    practices and safeguards which have been introduced

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    2026:HHC:27588

    by judicial decisions aimed at curbing the misuse of
    invocation of powers of a Magistrate by unscrupulous
    litigants for achieving ulterior motives.

    40. Further, by requiring the Magistrate to consider

    .

    the submissions made by the police officer concerned

    before proceeding to issue directions under Section
    175(3), BNSS has affixed greater accountability on the
    police officer responsible for registering FIRs under

    Section 173. Mandating the Magistrate to consider the
    submissions of the police officer concerned also
    ensures that the Magistrate applies his mind judicially

    of
    while considering both the complaint and the
    submissions of the police officer, thereby ensuring that
    the requirement of passing reasoned orders is
    complied with in a more effective and comprehensive
    rt
    manner.

    15. In the present case, the complaint does not

    mention that the complainant had approached the police

    before filing the complaint, and the learned Trial Court was

    justified in not acting upon it.

    16. It was submitted that the judgment of Priyanka

    Srivastava (supra) did not apply to the present case because

    the complaint was not filed under Section 156 (3) of CrPC or

    175 of BNSS. This submission will not help the petitioner. He

    had made specific prayer that the ‘complaint be registered for

    registering the FIR’ clearly showing that the intent was to get

    the FIR registered.

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    2026:HHC:27588

    17. In view of the above, the orders passed by the

    learned Courts below do not suffer from any infirmity, and

    .

    there is no reason to exercise the extraordinary jurisdiction

    vested with this Court in the present case.

    18. This is not the first instance when the petitioner

    has approached the Courts by filing these kinds of petitions.

    of
    Therefore, it is necessary to take effective steps to prevent the

    petitioner from wasting the precious time of the Courts;

    rt
    hence, the present petition is dismissed with the cost of

    ₹10,000/-, which shall be deposited in the Chief Justice

    Disaster Relief Fund within a period of four weeks, failing

    which steps will be taken to recover it as per the law.

    19. The present petition stands disposed of in the

    aforesaid terms, so also the pending applications, if any.

    20. Records of the learned Courts below be sent back

    forthwith

    (Rakesh Kainthla)
    Judge
    08th July, 2026.

    (ravinder)

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