Section 156 (3) Cr.P.C

Introduction:

An F.I.R i.e. First Information Report is registered with the concerned police station under section 154 of Cr.P.C.

In case, the police officer of a police station refuses and/or fails to register an F.I.R, then the aggrieved person can approach the concerned Superintendent of Police or DYSP (Deputy Superintendent of police) under section 154 (3) of Cr.P.C

Inspite of having jurisdiction and the fact of an offence being cognizable in nature, if the concerned police station or the Superintendent of Police refuses to register an F.I.R than in that circumstances, the aggrieved person can approach JMFC (Judicial Magistrate of First Class) /Magistrate concerned U/s. 156 (3) of Cr.P.C

Section 156 of Cr.P.C – Police Officer’s power to investigate cognizable case –

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.

Thus, Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same.

The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, as held by Patna High Court in State of Bihar vs. A.C. Saldanna. MANU/SC/0253/1979

The Hon’ble Apex Court in CBI and another V/s. 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”. This was agreed in Sakiri Vasu V/s. State of U.P and Others,2007 (10) SC 585.

In Sakiri Vasu vs State Of U.P. and Others, it was further 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 an application under Section 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.

Relevant Case Laws:-

1. Smt. Masuman W/o Sri Faiz Mohd V/s. State of Uttar Pradesh – (Allahabad High Court)2007 ILR 1 All 324
2. Pawan Sharma And Anr V/s. Smt. Kamalabai And Anr – (Madhya Pradesh High Court) 2007 CriLJ 3539
3. Harshadbhai C. Patel V/s. Indravadan P. Shah And Anr – (Gujrat High Court) (1986) 1 GLR 643
4. Annie Jyothis V/s. State of Kerala – (Kerala High Court)2008(3)KLT211
5. Mr. Jitendra Chandrakant Mehta V/s. Shamrock Impex Pvt Ltd – (Bombay High Court) 2006 CriLJ 3131, 2006 (4) MhLj 355

Section 156(3) of Cr.P.C says that, “Any Magistrate empowered under section 190 may order such an investigation as above mentioned;”