Back
MOHAMMAD NAWAZ
Parvati, W/o. Sharanappa – Appellant
Versus
State Of Karnataka, Through Police, Shahapur Police Station, Represented By Addl. SPP, High Court Of Karnataka – Respondent
ORDER :
(Mohammad Nawaz, J.)
The order passed by the learned Magistrate referring the private complaint filed by respondent No.2 to the police for investigation under Section 156 (3) of Cr.P.C. and subsequent registration of FIR is questioned in this petition, on the ground that the dictum of the Hon’ble Apex Court, in the case of Priyanka Srivastava and another vs. State of Uttar Pradesh and others, reported in (2015) 6 SCC 287, has not been followed.
2. In the complaint it is alleged that two cheques which were issued by the complainant towards security, were misused by the petitioners by filing a false case against them alleging offence punishable under Section 138 of N.I. Act etc., The complaint alleging offences punishable under Sections 420, 504 and 506 read with Section 34 of IPC, was referred to police for investigation under Section 156 (3) of Cr.P.C. by the learned Magistrate vide order dated 09.03.2023, consequent to which FIR in Crime No.268/2023 was registered at Shahapur Police Station.
3. The Hon’ble Apex Court in the above referred decision at Paras No.29 to 31 has held as under:
Applications under Section 156(3) of Cr.P.C. must be supported by a sworn affidavit to ensure accountability and prevent misuse of judicial authority.
A Magistrate must exercise judicial discretion and apply mind before directing police investigations under Section 156(3) of Cr.P.C.
The police can investigate a cognizable offence under Section 156(1) only after the registration of an F.I.R, and the court has the authority to order investigation under Section 156(3) Cr.P.C.
A Magistrate must apply judicial discretion and provide reasoning when referring a matter for investigation under Section 156(3) of the Cr.P.C.; mechanical orders are unsustainable.
The main legal point established in the judgment is the necessity for judicial reasoning and compliance with Sections 154(1) and 154(3) of the CrPC before resorting to Section 156(3) of the CrPC, as ....
The magistrate must ensure a complaint discloses a cognizable offence before directing police investigation under Section 156(3) Cr.P.C., and a detailed affidavit is required to support such applicat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
