In the case of Minni vs. High Court of Delhi thr. R.G. New Delhi, the Delhi High Court has held that the Criminal Procedure Code 1973, does not mandate that first, the permission of this Court is required, to proceed with a complaint case disclosing commission of cognizable or non-cognizable offence. The only bar to protect the independence of the judiciary is that there can be no registration of an FIR against a Judicial Officer without seeking the permission of the Chief Justice of this Court. Under Section 200 Cr.P.C., on receiving the complaint, the Magistrate has to apply his mind with respect to the allegations in the complaint, and then proceed at once to take cognizance or may order it to be sent to the Police Station for being registered and for investigation. If the Trial Court after seeking status report (if any) from the concerned police station orders registration of an FIR under Section 156(3) Cr.P.C., in that eventuality, the Petitioner would be required to first seek permission of the Chief Justice of the Court. If the Trial Court investigates the matter itself either at the initial stage or after getting the status report under Section 156(3) Cr.P.C, there will be no requirement of such permission.
As Indians we know India in itself is an amazing nation and even the world agrees with that, however, grass is always greener on the other side and that is why Indians desire to immigrate a More
Helplinelaw can set up your session with quality and experienced lawyers to discuss and resolve your legal matters. You can avail consultation in form of sending questions, phone call or webchat discussion More