In a recent judgment, the Lucknow Bench of the Allahabad High Court has criticized the District Magistrate of Balrampur for ordering the registration of an FIR against the then in-charge of Gaidas Buzurg police station, stating that the District Magistrate lacks the authority to do so. Consequently, the court has temporarily suspended the order against the police officer.
The case came to the fore following a service-related petition filed by Pawan Kumar Kannaujiya, who challenged the April 30 order issued by the District Magistrate. In this order, the District Magistrate had not only directed the registration of an FIR against Kannaujiya but also imposed a special adverse entry and other service-related punitive measures.
Arguing on behalf of Kannaujiya, his legal team contended that the District Magistrate did not possess the jurisdiction to issue such orders, asserting that they should be nullified. In response, the state government’s attorney cited provisions of the UP Police Regulations, specifically Regulations 484 and 486, claiming that the orders were compliant with these regulations.
However, the division bench, led by Justice Abdul Moin, initially disagreed with this interpretation, referencing a Supreme Court decision in the Naman Singh case. The apex court had clarified that the Code of Criminal Procedure does not grant any such powers to the Executive Magistrate to direct the police to register an FIR based on a private complaint.
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Justice Moin highlighted the need for thorough consideration of the matter, instructing the state government to submit a counter affidavit within four weeks to further clarify the legal boundaries concerning the powers of a District Magistrate.
