The Magistrate's power to direct police investigation under Section 156(3) CrPC does not include the power to direct the registration of an FIR.

S.C.MALTE, J.

1. This matter has been referred to the Division Bench for determining the legal position in view of the conflicting views in respect of interpretation of Section 156(3) of the Code of Criminal Procedure which empowers the Magistrate to direct the police to undertake the investigation. The question arose in the following circumstances :-

2. A complaint was filed before the Judicial Magistrate Ist Class, Sirsa, under Section 498-A, 406 and 506 I.P.C. On receipt of the said complaint, the Judicial Magistrate passed the following order :-

"Heard. Complainant be and is sent to the S. H. O. concerned for registration or investigations and registration of FIR u/S. 156(3) Cr. P.C."

Pursuant to the aforesaid direction, an FIR was registered at Police Station Rania, District Sirsa. The papers indicate that the investigation by the police commenced. Meanwhile, the present petition was filed for quashing the FIR on the ground that under Section 156(3) Cr. P.C. the Magistrate cannot direct the police to register a case; and the only power of the Magistrate is to send the complaint to the police for investigation. When the matter came up before the single Bench presided over by V. K. Jhanji J., the counsel for both the sides cited case law. One set of case law cited by the counsel was in support of the contention that the Magistrate has no power to direct registration of the case. On the other hand, the counsel for the respondents cited certain cases of this High Court which lay down the position that there was nothing illegal if the Magistrate sends the complaint to the police for registration of the FIR. In set of these conflicting views expressed in the reported rulings, the matter was referred to this Division Bench. The limited question, therefore, would be as regards the scope and powers of the Magistrate while ordering investigation under Section 156(3) Cr. P.C.

3. Before we proceed to consider different rulings on the issue, it would be convenient to take a resume of the legal provisions. Section 156 Cr. P.C. consists of three clauses. First clauses pertains to the powers of the police officer to investigate a cognizable case without an order from the Magistrate. The second clause provides that the proceedings of the police officer in such case shall not be questioned on the ground that such officer was not empowered under that Section to investigate. We are mainly concerned with the third Clause which may be reproduced as follows :-

"156(1) .. .. .. ..(2) .. .. .. ..(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned."

4. It may also be mentioned that Section 156 is in Chapter XII of the Code of Criminal Procedure which pertains to "Information to the Police and Their Powers to Investigate."

5. Besides the judgements which were referred by the learned single Judge in his order of reference, few more judgements have been cited before us in the course of argument. The problem arose when it was noticed that the law laid down in case of Baru Ram V/s. State of Haryana, 1990(1) RCR 105 : 1990(1) CC Cases 118 1990 Cri LJ NOC 153 (P and H) could not be reconciled with the conflicting view expressed in case reported in Smt. Champa Rani V/s. State of Punjab, 1990(3) RCR 577. It, therefore, seems obvious that these two cases should be examined with the help of other ruling also.

6. In case of Baru Ram (Supra), the submission was that the magistrate while passing order under Section 156(3) Cr. P.C. was not empowered to direct the police to register a case on the basis of the complaint that was filed before him. While considering that submission, the single Bench of this Court placed reliance on a case of Deverapalli etc. V/s. Narayana Reddy 1976 SCC (Crl) 380 : AIR 1976 SC 1672 (1976 Cri LJ 1361). In that case the short question before their Lordships of the Supreme Court was as to whether a Magistrate who receives a complaint disclosing an offence exclusively triable by the