Jitendra zoman 31 October 2021
Anusha Singh 01 November 2021
As per your query it is understood that you need information regarding registration of FIR.
Section 156(3) Power of Magistrate u/s 190 to order investigation u/s 156.
In Sakiri Vasu vs State of U.P And Others it was held that if a person has any grievance that the police is not registering an FIR then he can approach Superintendent of Police (SP) under Section 154(3) CrPC with a written application. Even if that does not yield a satisfactory result in a way that either FIR is not registered or proper investigation is not conducted, it is open to the aggrieved to approach the Magistrate under 156(3) of CrPC. If such an application is filed before the Magistrate, the Magistrate can direct the FIR to be registered and direct proper investigation to be made.
Therefore, if a case to registered u/s 156(3), 2 conditions are needed to be fulfilled:
The Police Station and the SP have not lodged the FIR.
The Police Station and the SP have lodged the FIR but proper investigation has not been done.
It is a kind of special power given to a judicial officer where the police do not or cannot file an FIR arbitrarily.
Before the above judgement, the aggrieved persons used to move an application under Section 482 of the code. Hence, the above judgement gave this power to the magistrates as from now on the aggrieved were instructed to move to the court u/s 156 (3) incase their FIR was not being registered.
Again, Sakiri Vasu judgement was reiterated in Supreme Court in the case of M. Subramaniam and Anr Vs S. Janaki and Anr where it referred to previous judgement of the Supreme Court in Sudhir Bhaskarrao Tambe vs Hemant Yashwant Dhage and Others.
If a person has a grievance that his FIR has not been registered by the police, or having been
registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC.
FIR is mandatory and preliminary enquiry can also be done but such enquiry is to be conducted not to see the truth of the FIR but to see what offence is made out.
There are only 2 routes namely Section 200 and 156(3) one can go if an FIR is not being registered.
The police officers are legally compelled to start the investigation in the case. During the process, the police will start inspecting the crime scene, collect evidence, question the witnesses, and record statements and forensic testing.
After a complete investigation, the police will record all their findings in a charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.
In case, after the investigation, the police conclude that there is not enough evidence that a crime has been committed, there is a possibility that they may close the case after justifying their reasons in court. If the police decide to close down the case, they are compelled to inform the person who filed the FIR about the update of the case.
Hope it helps!