Important pointJudicial Magistrate before taking cognizance of offence can order investigation u/s 156(3) Cr.P.C. and can direct police to register an FIR.

Judgment

Arijit Pasayat, J.—Leave granted.

2. Challenge in this Appeal is to the order passed by a learned Single Judge of the Allahabad High Court, Lucknow Bench. The respondent No. 1 filed a petition under Section 432 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) to quash the direction given to register F.I.R., charge sheet filed after investigation as well as the cognizance taken by the learned Chief Judicial Magistrate (in short CJM) Raebareli. By order dated 13.7.1998 learned CJM had directed the police to register and investigate the case. On 19.7.1998 on the basis of the order passed by learned CJM police registered FIR No. 830 of 1998 for alleged commission of offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (in short the IPC).

3. Background facts as projected by the appellant are as follows:

Appellant received a notice dated 18.1.1996 from the Union Bank of India, Raebareli asking him to pay back the loan amount with interest amounting to Rs. 1,25,421/-. Appellant was shown to be a guarantor for the loan taken by respondent No. 1 on 30.12.1994. Appellant was surprised to receive the notice as he had never stood as guarantor for any loan. He made enquiry from the Bank and came to know that the respondent No. 1 had forged some documents in conspiracy with her husband Zahirul Islam. An affidavit purported to have been signed by the appellant was filed with the bank to make him the second guarantor. Appellant had never signed the document and his signature was forged. A writ petition was filed before the Allahabad High Court to quash the notice issued by the Bank. The writ petition was dismissed giving liberty to the appellant to seek appropriate remedy. On 13.7.1998 an application was filed before learned CJM alleging commission of offences by the named accused persons. Learned CJM directed the police to register and investigate the case. As noted above, on the basis of order of learned CJM the FIR was registered. The essence of the grievance of the appellant was that the accused persons with the help of the bank manager made forged signature of the appellant in the agreement form and an affidavit to show him as a guarantor. After investigation charge sheet was filed by the police on 13.9.1999. On 24.5.2000 respondent No. 1 filed the application under Section 482 of the Code for quashing the FIR, the charge sheet and the order of learned magistrate by which he had taken cognizance, and the order directing the police to register the case under Section 156(3) of the Code. By the impugned order the High Court quashed the charge sheet on the ground that the magistrate had no power to order registration of the case.

4. In support of the appeal learned counsel for the appellant submitted that the order of the High Court is clearly contrary to law and on misreading of the provisions contained in Section 156(3) of the Code. Learned counsel for the respondent No. 1 on the other hand submitted that the true scope and ambit of Section 156(3) of the Code has been kept in view by the High Court and the impugned order does not suffer from any infirmity. Learned counsel for the State supported the stand of the appellant.

5. In order to appreciate rival submissions Section 156 of the Code needs to be quoted; the same reads as follows:

"156. Police officer’s power to investigate cognizable cases.—(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned."

6. Section