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Ajay   26 February 2021

Sem court

I'm a small business man . Last month i had an argument with my neighbor who is a scooter mechanic and very violent person. During argument he became violent, I called the PCR but circumstances was so bad i didn't waited for PCR and closed my office and reached the police station,

I filed the complaint , I/O assured me that he will take action against the accused and he called the accused on his mobile and asked him to reach the police station

But now i got the notice under sec 111 crpc. in which I/O has prepared a false report in which he changed the accused and I don't know the person whom he made accused. He further wrote that when he reached the spot of incident complainant and accused both were having argument but he never came to  spot of incident neither he initiated any enquiry.

I/O is not aware that I have CCTV recording of complete incident. and also mobile call recording with him 

Please Guide how to reply and what action can be taken againt I/o for not making named accused as party and someone else as accused. 



 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 February 2021

1. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

Kevin Moses Paul   27 February 2021

Section 156(3) is very briefly worded. The powers of Magistrate are not expressly mentioned in section 156 (3) of Cr.P.C. If that be so, a paucity will be crept mind that whether there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not.

That too, an aggrieved person has right to claim that the offence he alleges be investigated properly.

However, The Hon'ble Supreme Court held in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency.

In the case of Bharat Singh Gurjar v. State of M.P., the Apex Court (Supreme Court of India) dismissed the petition stating that, the High Court should discourage the practice of filing a writ petition or petition under Section 482 CrPC, simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done. For this grievance, the remedy lies under Sections 36 and 154(3) before the police officers concerned, and if that is of no avail, under Section 156(3) CrPC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 CrPC. However, the Court further directed that, if the petitioner approaches the Magistrate, the Magistrate concerned shall proceed in accordance with law including the precedents enumerated hereinabove.

Section 156 of Code of Criminal Procedure (CrPc) deals with 'Powers of Police Officers to investigate cognizable case'.

The section states the following:-
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

It was also observed in Sakiri Vasu vs State Of U.P. And Others that even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, 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 take other suitable steps and pass such order orders as he thinks necessary for ensuring a proper investigation. All these powers a Magistrate enjoys under Section 156(3) Cr.P.C.

Thus, you may proceed to file a suit u/s 156(3) CrPc before the Magistrate who has competent jurisdiction over the matter.

Hope It Helps

Regards
Kevin M. Paul

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