Application under 156(3)

Prakash (Querist) 26 May 2012 This query is : Resolved
Ld Counsels,

Magistrate took the sworn statement of petitioner by asking him to appear in witness box upon enquiry on the application filed under section 156(3).

Will there be a cross examination for disposing of the application to direct the police to register FIR which was initially refused by them.

What if the magistrate proceeds without directing to register FIR. Will the petitioner be asked to bring more witnesses and documents.

Thanks.

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Nadeem Qureshi (Expert) 26 May 2012
Dear Prakash
section 156(3)Crpc says: Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
190. Cognizance of offences by Magistrates.

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub- section (2), may take cognizance of any offence-

(a) Upon receiving a complaint of facts which constitute such offence;

(b) Upon it police report of such facts;

(c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.
after pass the order for FIR to investigate the matter, the magistrate can ask for another witness in trial.
Feel free to call

Rajeev Kumar (Expert) 26 May 2012
Agree with Nadeem

Adv.R.P.Chugh (Expert) 26 May 2012
1. There is no provision for sworn examination by the judge of informant under 156(3) proceedings, judge is mandated to order registration of FIR if cognizable offence is disclosed. He is not judging the merits of the matter.

2. However he is also free to take cognizance on such 156(3) as a complaint in which case he would examine complainant on oath and whatever witnesses that complainant brings, and then decide whether to issue process to accused or to dismiss the complainant (w/ reasons)

3. There is no cross examination at this stage because accused is not there - he has not been summoned yet - there is no need also because this pre-summoning evidence is not used as evidence against the accused - and evidence is recorded again.