Section 156(3) cr.p.c
Adv B.B.Gambhir #9814820602
(Querist) 03 May 2013
This query is : Resolved
respected sir,
Kindly suggest me the exact procedure of section 156(3) cr.P.C
How can i file a complaint under section 420 IPC in the court to direct the police to register the case.
Devajyoti Barman
(Expert) 03 May 2013
File the petition u/s 156(3)stating the reason for complaint. the court in its order would direct the police to register FIR.
Raj Kumar Makkad
(Expert) 03 May 2013
Engage a lawyer and handover him entire relevant documents and follow his advice. He shall definitely follow the procedure as required in the given post.
Raj Kumar Makkad
(Expert) 03 May 2013
Oh Sorry! I forgot that you are a lawyer. Dear Friend! Instead of learning here, better to either get guidance of local senior lawyer or read criminal procedure code section 200 and 156 (3) and act accordingly.
Nadeem Qureshi
(Expert) 04 May 2013
Dear Querist
whole procedure of 156(3) of Cr.PC is mention below:
1. file the complaint before court u/s 156 (3) of Crpc.
2. The court issue notice to Police station and demand status report that there is any case related to this matter in police station or not.
3. after getting status report and if police says that there is no FIR then the court record the statement of complainant and witnesses on oath and after that if the court think that there is a prima facia case has been made out then direct to police to registered a case and complete investigation.
4. One copy of this order sent to police station without delay and the SHO of the police station registered the case.
Feel Free to Call
Anirudh
(Expert) 04 May 2013
Mr.Nadeem has explained the whole procedure fully, clearly and very neatly in simple terms.
prabhakar singh
(Expert) 04 May 2013
Mr.Nadeem has explained the whole procedure fully, clearly and very neatly in simple terms with one addition that court may in its discretion treat such an application as a complaint case too.
Arun Kumar Bhagat
(Expert) 04 May 2013
Mr. Nadeem has wrongly explained the procedure. I am astonished that Mr. Prabhakar Singh also endorsed the same as correct.
In 156(3) Cr.P.C the magistrate can not examine and record the statement of complainant and witnesses on oath and after that if the court think that there is a prima facia case has been made out then direct to police to registered a case and complete investigation. This is totally absurd proposition. Complainant and his witnesses can only be examined u/s 200 Cr.P.C which comes after Sec. 190 i.e. taking cognizance. Once cognizance is taken it can not be referred for Police Investigation u/s 156(3) but under Sec. 202 Cr.P.C.
prabhakar singh
(Expert) 04 May 2013
I am really sorry for my inadvertence Mr.Arun Kumar Bhagat .I trusted someone i feel better than i. whenever i do it i get betrayed is my life story dear.
Arun Kumar Bhagat
(Expert) 05 May 2013
I always kept Mr. Prabhakar Singh in high esteem and shall continue to do so. That is the reason for venting my displeasure which I considered as my matter of right. Anyway, To err is human.
prabhakar singh
(Expert) 05 May 2013
To get corrected i admit my opinion was wrong;it was blind and in haste.
Here I am putting the correct position of law on 156(3).In Sakiri Vasu RESPONDENT: State of U.P. and others DATE OF JUDGMENT: 07/12/2007 BENCH: A.K. Mathur & Markandey Katju,the supreme court ruled 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.12. Thus in Mohd. Yousuf vs. Smt. Afaq Jahan & Anr. JT 2006(1) SC 10, this Court observed:
The clear position therefore is that any judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code.Even if a Magistrate does not say in so many words while directing investigating under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter. The same view was taken by this Court in Dilawar Singh vs. State of Delhi JT 2007 (10) SC 585 (vide para 17). We would further clarify 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."
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 reopening of the investigation even after the police submits the final report, vide State of Bihar vs. A.C. Saldanna AIR 1980 SC 326 (para 19).
17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.
18. It is well-settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution.
