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Priyanka Srivastava & Anr. v. State of U.P. & Ors.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 781 of 2012)Decided 19 Mar 2015
Criminal Appeal No. 781 of 2012
Justice Dipak Misra · Justice Prafulla C. Pant

Background

A borrower who had defaulted on a housing loan and faced SARFAESI Act recovery action repeatedly filed criminal complaints and applications under Section 156(3) of the CrPC against bank officials (the appellants), accusing them of forgery and conspiracy, even after settling his dues. A Magistrate mechanically directed registration of an FIR against the bank officials without examining the allegations closely, and the Allahabad High Court declined to quash it.

Decision Breakdown

The Supreme Court held that the Magistrate had exercised the power under Section 156(3) CrPC without application of judicial mind, mechanically ordering an FIR merely because an application asked for one. The Court found the borrower had engineered a "labyrinth" of litigation to pressure bank officials despite Section 32 of the SARFAESI Act protecting actions taken in good faith by secured creditors and their officers. It allowed the appeal, set aside the High Court's order, and quashed the FIR registered against the appellants. Importantly, the Court laid down a prospective rule that all future Section 156(3) CrPC applications must be supported by a sworn affidavit, so applicants are held accountable and Magistrates can verify the veracity of allegations before ordering an FIR.

Lesson Learnt

Anyone seeking to compel police investigation via a Magistrate's order under Section 156(3) CrPC must now support the application with a sworn affidavit: a procedural safeguard against using criminal process as a tool to harass banks, officials, or other citizens in what are really civil/financial disputes.

Official source (sci.gov.in)View Judgment (PDF)

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