IMPORTANT POINT
Direction for Police investigation – Before complainant chooses to adopt remedy under Section 156(3) of Cr.P.C., he must exhaust his remedies under sub-Sections (1) and (3) of Section 154 of Cr.P.C. and he must make those averments in complaint and produce documents in support.

ORDER :

Heard the learned counsel appearing for the appellants and the learned senior counsel appearing for the second respondent-complainant.

2. On the basis of a complaint filed by the second respondent invoking Section 156(3) of the Code of Criminal Procedure, 1973 (for short, "the CRPC"), an order was passed by the learned Judicial Magistrate on 14th June, 2017 directing the concerned Police Station to register a First Information Report for the offences punishable under Section 420 and 120-B of the Indian Penal Code, 1860 (for short, "the IPC"). The order of the learned Magistrate was challenged by filing a quashing petition before the High Court of Punjab and Haryana at Chandigarh. The High Court has dismissed the quashing petition by the impugned order.

3. The learned counsel appearing for the appellants relies upon a decision of this Court in the case of Mrs. Priyanka Srivastava and Anr. v. State of U.P. & Ors., 2015) 6 SCC 287. He invited out attention to what is held in paragraph 27 of the said decision. He also relied upon a decision of this Court in the case Babu Venkatesh & Ors. v. State of Karnataka & Anr., (2022) 5 SCC 639, which follows the decision in the case of Priyanka Srivastava1.

4. The learned senior counsel appearing for the second respondent states that though there is no specific averment regarding compliance with the requirements of sub-Sections (1) and (3) of Section 154 of the CRPC, in substance, the compliance has been made. He pointed out that in paragraph 14 of the complaint, it is stated that a written complaint was addressed to the Inspector General of Police, Chandigarh which was marked to the Economic Offences Wing of Chandigarh Police for inquiry under order dated 29th January, 2014. He accepts that there is no specific averment that a recourse was taken to Section 154(3) of the CRPC.

5. We have carefully perused the decision of this Court in the case of Priyanka Srivastava1. This Court has noted that there was misuse of the provisions of sub- Section (3) of Section 156. In paragraphs 30 and 31, this Court held thus:

"30. In our considered opinion, a stage has come in this country where Section 156(3) CrPC applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of the said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores.

31. We have already indicated that there has to be prior applications under Sections 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an application under Section 156(3) be supported by an affidavit is so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal