When a Magistrate declines to direct the registration of an FIR under Section 156(3) of the CrPC, they must proceed according to the complaint procedure outlined in Chapter XV (Sections 200-204) of the Code rather than dismissing the application outright.

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ORAL JUDGMENT

1. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant (i.e. the original complainant) has prayed for the following reliefs :

(a) Your Lordships be pleased to allow the present application, in the interest of justice;

(b) Your Lordships be pleased to quash and set aside the order dated 02.12.2025 passed in Criminal Miscellaneous Application No.8594 of 2024 passed by the 9th Additional Civil Judge & J.M.F.C. Court, Surat, and all proceedings prior and pursuant thereto;

(c) To pass any other and further orders as may be deemed fit and proper to this Hon’ble Court.”

2. Learned advocate Mr.Rahul Dholakia appearing for the applicant-complainant has submitted that the present applicant had, on 03.06.2024, filed a private complaint before the learned Additional Civil Judge and Additional Chief Judicial Magistrate, Surat, against four to five police personnel and the present respondent no.2, namely, Bharatbhai Rameshbhai Bhadrka, and respondent no.3, namely, Mohammad Javed @ Chand Hakikkhan, who, according to the applicant-complainant, is a known history-sheeter, inter alia, stating that despite having forwarded the complaint dated 08.04.2024 to the Police Inspector, Lalgate Police Station, Surat, and the Police Commissioner, Surat, as well as provided all the details disclosing the commission of the offence, the police has not taken any step for registering the FIR against the offenders. It was, therefore, prayed before the learned Magistrate to direct the Lalgate Police Station to register an FIR against the offenders, under Section 154(1) of the Code of Criminal Procedure, or direct the investigation, under Section 156(3) of the Code of Criminal Procedure, regarding the offences punishable under Sections 365, 341, 342, 504, 143, 147, 149, 506(2), 120B and 114 of the Indian Penal Code. It appears that in support of his allegations, the complainant had also provided documentary evidence in the form of a CD and call recording details.

3. It appears from the materials on record that the learned Magistrate had passed an order on the very same day, i.e. on 03.06.2024, to register the complaint as the Criminal Miscellaneous Application and call for the report under Section 156(3) of the Code of Criminal Procedure.

4. Thereafter, vide order dated 02.12.2025, the learned Magistrate, after hearing the learned advocate for the applicant-complainant and perusing the entire record, dismissed the application filed by the applicant under Section 156(3) of the Code of Criminal Procedure, observing thus :

“Considering the overall circumstances, this Court finds that the allegations of the applicant, though serious, appear to be interwoven with the existing dispute between the parties and cannot be accepted at face value without further proof. The CD and call recordings require detailed evaluation in evidence, which cannot be undertaken at the stage of Section 156(3) CrPC. Therefore, this Court is of the view that it is not a fit case to direct the police to register an FIR under Section 156(3) CrPC.”

5. It is noteworthy that if a private complaint discloses a cognizable offence, then as per the precedents and statutory provisions, the learned Magistrate should generally seek police assistance for a thorough investigation, and for the said purpose, he may exercise his power under Section 156(3) of the Code of Criminal Procedure – to direct the police to register an FIR and commence an investigation. However, if the learned Magistrate takes cognizance of the offence alleged in the complaint, he may, under Section 202