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Shahbaz Sanni   26 October 2021

CrPC sec 156(3)

what remedy lies with a complainant who got direction from magistrate u sec 156(3) crpc but police failed to lodge FIR even on direction of magistrate.?


 3 Replies

Pradipta Nath (Advocate)     26 October 2021

Read the order first, if 156(3) has been allowed. There has been obviously a date mentioned, within which the police have to submit a report. That date is very vital! If police didn't not submit any report, on the next date, file a put up along with a petition stating that the concerned police has not submit any report inspite of Learned Court's order. Let's throw the ball into the court of Learned Court!

minakshi bindhani   26 October 2021

As per your concerns!
In Sakiri Vasu vs State Of U.P. And Others,

It held that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file apply ton 156 (3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.

As per the said section magistrate has been empowered to investigate to ensure a proper investigation.

Hope it helps
Regards
Minakshi Bindhani

Kevin Moses Paul   26 October 2021

As per your concerned query, let me inform you that the Section 156(3) entails that any Magistrate empowered under Section 190 may order an investigation by a police officer performing its duties under Chapter XII of Cr.P.C

The above-mentioned sections highlight the chronology/series of remedies available to a person. Firstly, filing a complaint before the police official and secondly, in the event of failure of the registration of the complaint by the official, one shall approach the SSP/SP for the said purpose. However, if the complaint is not registered even after that, then the next remedy is to seek help from the Judicial Magistrate.

Hon’ble Apex Court citing various judgmjents has clarified the right approach for registration of FIR. The Apex court has observed that if any application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and an appropriate investigation to be taken place, in the event where, according to the aggrieved person, no proper investigation was done. Under the same provision, the Magistrate may monitor the investigation to ensure a proper investigation.

Supporting Case Laws

▪️In Mohd. Yousuf v. Afaq Jahan Hon’ble, Apex Court observed: (SCC p. 631, para 11)[5] that a Judicial Magistrate, before taking cognizance of the offence, may order investigation under Section 156(3) of the Code. If he does so, he should not consider the complainant’s oath because he was not taking cognizance of any offence therein.
This Court had taken the same view in Dilawar Singh v. State of Delhi

Moreover, the honb’le Court clarified that even if an FIR has been registered and the police have made the investigation, or is making the investigation, which the aggrieved person feels is not satisfactory, such a person can approach the Magistrate under Section 156(3) Cr.P.C, and if the Magistrate is satisfied he can order a proper investigation and may take other appropriate actions.

Thus, in cases where the Magistrate finds that the police has not done its job or is not satisfied with the investigation of the case, he can direct the police to supervise the investigation and monitor it.

▪️In State of Bihar v. J.A.C. Saldanha (SCC : AIR para 19)[7], Hon’ble Court held that a Magistrate can order an investigation to resume even after the police have submitted the final report.
Thus, Section 156(3) Cr.P.C although briefly worded, is very extensive and includes all such incidental powers as are necessary to ensure a proper investigation.

▪️In Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and Others,[8] it was observed that if a person has a grievance that his FIR has not been registered by the police, proper investigation is not being done, then the remedy available to 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) Cr.P.C.

Hope the above provided information helps.

Regards,
Kevin M. Paul

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