MAGISTRATE POWER U/S 156(3) OF CR.P.C, 1973
The First Information Report, popularly known as F.I.R. is described u/s 154 of Criminal Procedure Code, 1973, however the word ‘First’ is not expressly mentioned u/s 154 but still it is known as First Information Report.
If any person, who is in grievance that the police officials are not registering his F.I.R. u/s 154 then he can directly approach the Superintendent of police (S.P.) with written application u/s 154(3). In case, Superintendent of police do not register the F.I.R or even after registering, no appropriate actions have been taken or no proper investigation has been done by the police then the aggrieved person can file application u/s 156(3) of Criminal Procedure Code, 1973 to the magistrate, where magistrate can in his discretion can order registration of a criminal offence and/or to direct the officer in charge of the concerned police station to hold the proper investigation and take all such necessary steps that may be necessary for ensuring for proper investigation.
Magistrates include the chief judicial Magistrate, Judicial Magistrate of first class, Judicial Magistrate of second class and Executive Magistrates subject to the fact that the Magistrate empowered u/s 190 of Criminal Procedure Code, 1973 may order such an investigation u/s 156(3).
Under the judgement “Sakiri Vasu Vs State of U.P. & ORS.”, The Supreme court held 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 feel is not proper, such a person can approach the Magistrate under Section 156(3) of Criminal Procedure Code 1973., and if the Magistrate is satisfied, he can order a proper investigation and take other suitable steps and pass such order or orders as he thinks necessary for ensuring a proper investigation.
By Suraj Anand
Law Student, IME Law College, Ghaziabad
Legal Intern, Lex Excel – Advocates & Solicitors