In Brief
M. Subramaniam and others challenged a High Court order directing police to register an FIR on a complaint by S. Janaki involving criminal misappropriation and breach of trust. The Supreme Court held that while High Courts should not entertain writ petitions for FIR registration, the proper forum is a Magistrate under Section 156(3) CrPC. The Magistrate has wide discretionary powers to order FIR registration and proper investigation if prima facie satisfied. The Court clarified that civil disputes must not be coloured as criminal offences, but mere pendency of civil proceedings does not justify avoiding criminal investigation if an offence is disclosed. The appeal was partly allowed, setting aside the High Court direction and remitting the matter for proper procedure."
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