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Prakash (Engineer)     23 November 2017

Can petition u/s 156(3) crpc be treated as 155(2) crpc

Ld counsels,

Petition u/s 156(3) is filed before magistrate due to failure of police to register FIR. However on perusal of complaint if the offenses are that of non-cognizable can the magistrate direct the police to investigate treating the same petition as one u/s 155 CrpC. Or is it necessary for complainant to include the section 155 CrPC  by amending the petition. 

Please note that no IPC sections are pleaded in the petition filed u/s 156(3). It only re-stated the averments and prayed for direction to police for investigation. Please advise  thanks.

Thanks in advance.



Learning

 1 Replies

Renjith Sadanandan (Advocate)     06 December 2017

Dear Sir,

Please forget the worries about including sections of IPC or CrPC. If the offences are non-cognizable, the police officer cannot arrest without a warrant from the Magistrate. Directing the police to investigate the case is the discretion of Magistrate. You need not state a prayer by including a particular section, rather you should not(in my opinion), since it is his discretion. He may either take your statements on oath and order you to produce any witness and thus do a court inquiry or send the complaint to the police for investigation under Section 156(3) of CrPC. As per 155(2) CrPC, no police officer can investigate a case of non-cognizable offence without the order of Magistrate. Here if the Magistrate has sent the complaint to police without taking your statement on oath, then the police has got the direction to investigate the matter as they do in any cognizable case. They have to file a final report arraying all accused and witness and recover anything related to the case. Only difference is that they cannot arrest the accused without a warrant. So they will seek an arrest order from the magistrate during investigation if they want to arrest the accused for the purpose of investigation. 

A link is provided herewith which is worth reading. Thank You.

https://senseoflaw.blogspot.in/2017/12/sections-155-and-156-crpc-differences.html

https://senseoflaw.blogspot.in/2017/12/power-of-magistrate-directing-investigation-difference-156-202-CrPC.html


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