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April 6, 2022
Reasons are the life and soul of any judicial order, a Delhi court has said while setting aside an order that directed registration of FIR in a case related to alleged appointment of a person in a company illegally.
The complainant had alleged that he was removed from the company in a well-calculated and planned manner by the accused persons by creating false documents so as to misappropriate the assets of the company. He also alleged that he received calls threatening to kill him.
A magistrate court had earlier directed registration of the FIR, following which the revisionists had moved the sessions court against it.
Additional sessions judge Anuj Agrawal noted that though the inquiry officer had stated in their action taken report that no cognisable offence was made out, the magistrate court had given the directions without stating any reasons for doing so. The court said that the magistrate court’s order was “conspicuously silent” as to why the magistrate chose to disagree with the opinion of the concerned inquiry officer and ordered for registration of FIR.
It said in a recent order:
It would be no gainsaying that reasons are the life and soul of any judicial order. The requirement of reasons in instant case becomes all the more desirable as except for a bare telephonic call (allegedly received by respondent at behest of revisionists within jurisdiction of CR Park Police Station), the contents of which are neither available nor established and is seriously disputed by the revisionists, there is nothing on record to suggest that any cognizable offence was committed within the territorial jurisdiction of CR Park Police Station, Sans any reasoning, it was not in a position to analyse on what grounds, the trial court got persuaded for direction of registration of FIR assuming the territorial jurisdiction in the instant case, as neither any of the parties were residing within the territorial jurisdiction of CR Park Police Station nor any act of alleged cheating, forgery, criminal trespass, etc, took place within the jurisdiction of the police station.
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