court complaint case u/s 156(3) of crpc
anjani kumar jha
(Querist) 18 June 2014
This query is : Resolved
Respected experts
I have an urgent query for your kind views
I am SHO of a PS. I received a court complaint case related to forgery and cheating forwarded by judicial magistrate (JM) for registration of FIR u/s 156(3) of crpc. The complaint said that complainant has been cheated by forged document and he is attaching the copy of that forged document with complaint. However there was no such copy attached. I returned back the complaint to issuing court with a forwarding letter that the copy of forged document which the complaint is claiming to be attached is missing and therfore same may kindly be provided aftet which case will be registerd.
However now I have received a notice from JM to personally be present and explain by what rule I could return back a court complnt case forwarded u/S 156(3).
MY point is that
1) I didnt reject to register case I only returned back asking for paper which complaint claimed to be attached which I thought was logical
2) I cant quote any rule with express provision for my action
3) but I also didnt voilate any express provision of law
This is as per my limited understanding. However I am eagerly waiting for expert opinion on whether I am legally correct or not. Any corelation with any law or court judgements in this regard will be highly helpful.
Thanks in advance
Devajyoti Barman
(Expert) 18 June 2014
1. You did a wrong by sending it. On the contrary you can proceed to seize the said document from the complainant in course of investigation.
2. No rule is there to explain your action.
3.You did not commit anything rightful action also.
Present before the court and express your anxiety about the missing of document which could have been easily obtained had to started investigation can called for the same from the de facto complainant.
Hemant Agarwal
(Expert) 18 June 2014
1. After receiving Court Notice, the IO should summon the Complainant and record his FIR and submit compliance report to JM.
2. In event if complainant is not traceable .OR. complaint copy is not attached, the IO has to prepare report and submit the same on the date to JM.
3. In the instant matter the IO should appear before the JM and orally state that FIR could not be registered due to absence of complainant .OR. complaint copy and that the complainant be directed to provide the same. PERIOD.
4. JM has no jurisdiction, beyond the above.
Keep Smiling .... Hemant Agarwal
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malipeddi jaggarao
(Expert) 18 June 2014
Registering FIR is different from obtaining the back papers (copy of forged document) in this particular case. Had it been received from ordinary citizen, as the complaint is short of enclosure which vital, you could have returned it. But here you have received from court. The best course is to register the FIR and intimate the same to JM and in the meanwhile during investigation, you could as the copy. If the complainant is unable provide you a copy, the same fact could have been registered.
However, as your intention is not to disobey the JM's order, you do attend the court and explain your intention stating that you are in a confusion as to what action to be action in the absence of quoted enclosures and you are ready to register FIR if copy is supplied.
Lawyer SALEEMA KABEER
(Expert) 18 June 2014
No doubt, it is the duty of SHO to register FIR on receiving any information about the commission of cognizable offence either from the public directly under section 154 Cr.P.C, or through Court under section 156 (3) Cr.P.C. Then only the Investigation officer will have power to investigate the matter.
Once the Court has given specific direction to the SHO, under section 156 (3) Cr.P.C., it is not legally permissible to return the same without complying the same. But, the said order of the Court could be challenged before the higher court, which is different matter.
In the present case, instead of returning, you would have brought to the knowledge of Court about the missing of attachment at the earliest opportunity.
However, it was returned by you without any intention to disobey the order of court, but for the purpose of clarifying the missing of documents, you can explain the same and convince the Court.
Biswanath Roy
(Expert) 20 June 2014
This is unfortunate that SHO of Police does not know his duties u/s.156(3)Cr.PC. This section is meant for an investigation only in the matter of complaint. If the complaint is cognizable then the I.O. can arrest the accused after registering the case and produce the accused before the Magistrate along with his investigation report.
The duty of the Investigating Officer is not merely to bolster up a prosecution case with such evidence as may enable the court to record a conviction, but to bring out the real unfurnished truth.
The missing document relating to forgery and cheating could be available from the complainant during the course of investigation.
In the present case SHO committed contempt for defying the order of the Magistrate although due to his lack of knowledge about his duties under the said provision of law.
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
The opinions by various experts to the issue were more proper especially that of learned senior Advocate Mr. Biswanath Roy Sir. Even in my opinion,you have disobeyed the court order by returning the complaint without taking any action on it merely for want of a missing paper which was told to have been enclosed with it. You could have summoned another copy from the complainant during the course of investigation. Now, better appear before the magistrate and explain the circumstances under which you have not done anything intentionally to cause any disrespect to the court order or to disobey. This will save you from future problems.
