Direction To Police For Lodging FIR U/S. 156(3) CrPC Cannot Be Refused By Magistrate Merely Because Facts Are In The Knowledge Of Applicant: Allahabad HC
|The Allahabad High Court held that a magistrate cannot refuse to direct registration of an FIR under Section 156(3) of the Cr.P.C. merely because the facts are in the knowledge of the applicant.
The Court set aside the order where the Magistrate treated an application under Section 156(3) of the Cr.P.C. disclosing the commission of a cognizable offence as a complaint case, instead of directing registration of an FIR and investigation by the police.
However, a Single Bench of Justice Manju Rani Chauhan observed, “Perusal of the impugned order shows that no sufficient reason has been disclosed, on the basis of which, the Magistrate has proceeded to treat the application under section 156(3) Cr.P.C. as a complaint. Merely because the facts are in the knowledge of the applicant, direction to lodge FIR cannot be refused. The gravity/seriousness of the offence; the requirement of the evidence for the purpose of launching a successful prosecution, and basically the interest of justice depending on the facts of each case, need be considered in passing the order under Section 156(3) Cr.P.C.”
Advocate Manish Kumar Singh appeared for the applicant, while AGA D.P. Singh represented the opposite parties.
The High Court had to determine whether a Magistrate was bound to pass an order in every application under Section 156(3) of the Cr.P.C. containing allegations of commission of a cognizable offence for registration of the FIR and its investigation by the police even if those allegations, prima-facie, did not appear to be genuine or if he can exercise judicial discretion in the matter and can pass order for treating it as 'complaint' or to reject it in suitable cases.
The Bench stated that a magistrate has the power to take cognizance under Section 190 of the Cr.P.C. on receiving a complaint. However, the case was under Section 156 (3) of the Cr.P.C. relating to the power of the Magistrate to order an investigation by police for cognizable offences brought before it through a complaint.
“The scheme of Cr.P.C. and the prevailing circumstances require that the option to direct the registration of the case and its investigation by the police should be exercised where some "investigation" is required, which is of a nature that is not possible for the private complainant, and which can only be done by the police upon whom statute has conferred the powers essential for investigation,” the Court remarked.
The Bench noted that the order did not provide any reason as to why FIR should not be registered in respect of a cognizable offence.
Consequently, the Court held, “The impugned order does not assign any valid reason nor reflects application of judicious mind and has been passed in a mechanical manner only on the ground that the facts of the case were within the knowledge of the applicant, thus, the same is liable to be set-aside.”
Accordingly, the High Court allowed the application.
Cause Title: Mukesh Kharwar v. State Of U.P. & Ors. (Neutral Citation: 2024:AHC:149752)
Appearance:
Applicant: Advocates Manish Kumar Singh and Kailash Pati Singh
Opposite Party: AGA D.P. Singh