Under section 303, FIR can be registered after getting appropriate order form the magistrate

Last Updated on November 26, 2024 by Shianjany Pradhan

Background

The case was pertaining to the hearing of the anticipatory bail petition that was filed by the jebaraj, where he was apprehending arrest for an alleged offence under section 303 of the BNS.

The case against him was that he had stolen tyres from the defacto complainants shop was worth rs. 3000.

Analysis

The High court of madras has observed that the offense committed under section 303(2) of the BNS is a non-cognizable and bailable offence and the FIR could only be filed only after getting appropriate orders from the magistrate.

Justice Anand Venkatesh had quashed the FIR, though it was noted that the FIR was itself not sustainable in law and eventually the anticipatory bail was not maintainable.

Due to this, the court was of the opinion that it was fit to exercise the jurisdiction under section 482 of the crpc.

It was noted by the court that the value of the property that was stolen property was rs. 3000 making it within the scope of non-cognizable offence.

It was held by the court that registration of the FIR, on the order of the magistrate was illegal.