Point of Law: Powers to Investigate - Section 156(3) occurs in Chapter XII, under the caption : “Information to the Police and their powers to investigate. The power to order police investigation under Section 156(3) is different from the power to direct investigation conferred by Section 202(1).

ORDER :

1. By way of instant petition, petitioner has assailed order dated 10.11.2021 passed by learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. in Criminal Case No. 13/2 of 2018, whereby the direction has been issued to register an FIR against petitioner and others for commission of offences under Sections 465 and 471 of IPC.

2. Brief facts necessary for adjudication of the petition are that respondent No.1 (hereinafter referred to as the ‘Complainant’) filed a complaint before learned Chief Judicial Magistrate, Nahan with a prayer to direct the SHO, Police Station, Nahan under Section 156 (3) of the Code of Criminal Procedure (for short, ‘the Code’) to investigate the allegations made in the complaint in accordance with law.

3. Complainant alleged in the complaint that petitioner was her real brother. A civil suit in respect of immoveable property filed by the petitioner against the complainant and her another brother named Gulam Sabir was pending before the Civil Court at Nahan. Petitioner had failed to obtain interim injunction in the said suit. His appeal against order of rejection of interim application was also dismissed. Having failed to obtain favourable order, petitioner conspired with two other persons named as co-accused in the complaint and manufactured a forged document in the shape of compromise deed dated 14.04.2012. On the basis of aforesaid averments, a prayer was made as noticed above.

4. On 05.05.2018, learned Chief Judicial Magistrate, Nahan ordered the registration of complaint and called for report under Section 202 of the Code. On receipt of the report of police, the matter was put up for consideration on 30.07.2018. After adjourning the matter on various dates, learned Chief Judicial Magistrate taking notice of the fact that the dispute had roots in a suit pending before the Civil Court, the complaint was transferred to the Court seized of the suit, to decide the same in exercise of its powers as Judicial Magistrate First Class.

5. Thereafter, from 27.09.2018 till 13.08.2019 except for adjourning the matter, from time to time, no effective orders were passed. On 13.08.2019 and 04.09.2019, after hearing the parties, learned Judicial Magistrate First Class, Nahan directed the complainant to lead preliminary evidence. Again, the matter was repeatedly adjourned for enabling the complainant to lead preliminary evidence, but no evidence was led. Lastly, on 24.03.2021 another adjournment was granted to the complainant to lead evidence with direction to close the evidence of the complainant on the next date, in case she failed to produce the same. The matter was adjourned to 28.04.2021. Record reveals that the matter was not taken up on 28.04.2021 and was taken up on 12.07.2021. Yet again, the matter was listed for complainant’s evidence and was adjourned to 24.08.2021. On 24.08.2021, an order to the following effect was passed by learned Judicial Magistrate First Class, Nahan, which was un-connected with the previous proceedings held in the matter:

“24.08.2021

Present: Sh. Navneet Aggarwal, Adv. Learned vice counsel for the applicant.

The present application has been filed under Section 156(3) of the Code of Criminal Procedure, 1973 for getting an FIR registered against the accused. Till date no status report has been called from the police. Let status report regarding this complaint be called from the concerned SHO for 10.11.2021. A copy of the complaint be sent to the concerned SHO and his report be called back for 10.11.2021.”

6. Finally, on 10.11.2021, the impugned order came to be passed in following terms: -

“10.11.2021

Present:- Sh. Navneet Aggarwal, Ld. Vice counsel for the applicant.

1. The present application has been filed by the applicant under Section 156(3) of Cr.P.C., 1973 for getting an FIR registered for the commission of offences punishable under Section 467, 468, 471 and 120-B of IPC.

2. Status report against this application was called from the police against this applicat