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The Supreme Court has said about the Section 156(3) of the CrPC, Section 175(3) of the BNSS requires a Magistrate to consider the submissions made by the police officer before ordering an investigation. The Hon’ble Supreme Court of India set aside the Order passed by the Magistrate under Section 156(3) of the CrPC directing the police authorities to register an FIR against the Appellant for the offence punishable under Sections 323, 294, 500, 504 and 506 of the IPC. The Bench stated that the Magistrate passed the Order mechanically without ascertaining whether the allegations levelled disclose the commission of any offence or not. The fact of the case: The Appeal arose from a Criminal Application filed before the Bombay High Court challenging the Order of the Ld. Judicial Magistrate. The original complainant had alleged that he was humiliated by the police and when he attempted to file a complaint, the police refused to register an FIR. When no action was taken, he moved an application under Section 156(3) of the CrPC before the Magistrate. The Magistrate directed the Police to register an FIR and conduct an investigation.Challenging this, the Appellant approached the High Court, which dismissed his Application, affirming the Magistrate’s decision. A Bench of Hon'ble Justice JB Pardiwala and Hon'ble Justice R Mahadevan held “Further, by requiring the Magistrate to consider the submissions made by the concerned police officer before proceeding to issue directions under Section 175(3), BNSS has affixed greater accountability on the police officer responsible for registering FIRs under Section 173. Mandating the Magistrate to consider the submissions of the concerned police officer also ensures that the Magistrate applies his mind judicially while considering both the complaint and the submissions of the police officer thereby ensuring that the requirement of passing reasoned orders is complied with in a more effective and comprehensive manner.” It was further observed that “the requirement of supporting the complaint with an affidavit would ensure that the person making the application is conscious and also to see that no false affidavit is made. Once an affidavit is found to be false, the applicant would be liable for prosecution in accordance with law. This would deter him from casually invoking the authority of the Magistrate under Section 156(3).” Consequently, the Hon'ble Court held that “The impugned order passed by the High Court is set aside. The order passed by the Magistrate directing police investigation under Section 156(3) of the Cr.P.C. is also set aside.” Accordingly, the Hon'ble Supreme Courtof India allowed the Appeal. #PoliceInvestigation #FIRRegistration #criminallaw #indianlaws #CodeofCriminalProcedure #bharatiyanagariksurakshasanhita Legis and Associates
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