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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sushma Devi – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The present petition is directed against the order dated 07.07.2018 passed by the learned Additional Chief Judicial Magistrate, Nurpur, (learned Trial Court) vide which the learned Trial Court took the cognisance of an application filed by the petitioner under Section 156 (3) of Cr.P.C. as a private complaint.
2. Briefly stated, the facts giving rise to the present petition are that the petitioner filed an application under Section 156 (3) of Cr.P.C. for issuing a direction to the police to investigate the case after the registration of an FIR against the accused persons for the commission of offences punishable under Sections 323 , 324, 336, 339, 447, 506, 147, 148, and 149 of IPC. Learned Trial Court ordered on 07.07.2018 that the application filed by the petitioner was to be treated as a private complaint and the same be put up for recording the preliminary evidence on 13.08.2018.
3. Being aggrieved from the order passed by the learned Trial Court, the present petition has been filed asserting that the learned Trial Court erred in taking cognizance and treating the application as a private complaint. The order curtailed the remedy of the petitioner
A Magistrate has discretion under Section 156(3) of Cr.P.C. to either take cognizance or direct investigation by police, thus not legally bound to register an FIR.
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
The Magistrate must judiciously exercise discretion in registering FIRs under Section 156(3) Cr.P.C., ensuring that mechanical refusals are avoided when cognizable offences are disclosed.
The court ruled that a Magistrate must exercise careful judicial discretion when considering an application under Section 156(3), ensuring each complaint is evaluated adequately before deciding on FI....
distinction between the investigation by the police officer under Section 156(3) and under Section 202(1) Cr.P.C. is that the former is at the pre-cognizance stage and the latter is at post cognizanc....
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
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