Table of Contents
Introduction
The information under section 154 of Cr. P.C is for the most part known as F.I.R. It is appropriate to see that the word ” first” isn’t utilized in Cr. P.C in section 154 of Cr.P.C. However, it is prominently known as FIRST INFORMATION REPORT. By the by a person, who is a complaint that cop isn’t enrolling FIR under section 154 of Cr. P.C, such an individual can move toward Superintendent of Police (SP), with the composed application, under sub-section 3 of section 154 of Cr.P.C. In the event of SP additionally doesn’t, in any case, enlist FIR, or despite FIR is enrolled, no legitimate examination is done, in such a case, the oppressed individual can move toward Magistrate worried under section 156 (3) of Cr.P.C. In case that be thus, it is extremely fundamental and premium to realize the forces gave on Magistrate under section 156 (3) of Cr.P.C. Consequently, I consider that it is extremely valuable in case it is examined with important case law concerning the forces of Magistrate under the section of 156 (3) of Cr.P.C.
Section 156(3) is momentarily phrased. The forces of Magistrate are not explicitly referenced in section 156 (3) of Cr.P.C. In case that be in this way, scarcity will be crawled mind that whether there is a suggested power in the Magistrate under Section 156(3) Cr.P.C. to arrange enrollment of a criminal offence and/or to coordinate the official responsible for the concerned police headquarters to hold a legitimate examination and make all such essential strides that might be vital for guaranteeing an appropriate examination including observing something similar or not.
That as well, a bothered individual has the right to guarantee that the offence he asserts be explored appropriately. Notwithstanding, The Hon’ble Supreme Court held in CBI and another versus Rajesh Gandhi and another[1] that nobody can demand that an offence be researched by a specific office.
The Classification of Magistrates:
Before examining the forces of Magistrate under section 156 (3) of Cr. P.C, it is important to comprehend the classes of Magistrates in our country. The characterization of Magistrates is given in the Code of Criminal Procedure,1973. It specifies that in every meetings locale, there will be
- Executive Magistrates
- Judicial Magistrate of Second Class
- Judicial Magistrate of First Class; and
- The Chief Judicial Magistrate
While section 156 (3) of Cr. P.C says that ” Any Magistrate enabled under segment 190 may request such an examination as above mentioned’’. We should comprehend section 190 of Cr.P.C.
Power of Magistrate
Let us see the relevant case law to know the power of Magistrate under section 156 (3) of Criminal Procedure Code, 1973.
In the Sakiri Vasuvs State Of U.P. And Others[2], it was further held that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to apply to Section 156 (3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.
Thus in Mohd. Yousuf vs. Smt. AfaqJahan&Anr.[3], this Court observed:
The clear position, therefore, is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. To enable the police to start an investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigating under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter.µ.
– The same view was taken by this Court in Dilawar Singh vs. State of Delhi[4]It was also observed in the Sakiri Vasuvs State Of U.P. And Others that even if an FIR has been registered and even if the police have made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate under Section 156(3) Cr.P.C., and if the Magistrate is satisfied he can order a proper investigation and take other suitable steps and pass such order orders as he thinks necessary for ensuring a proper investigation. All these powers a Magistrate enjoys under Section 156(3) Cr.P.C.
Section 156 (3) states:
Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.
The words `as above mentioned obviously refer to Section 156 (1), which contemplates investigation by the officer in charge of the Police Station.
Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly and can monitor the same.
The power in the Magistrate to order further investigation under Section 156(3) is independent and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, vide State of Bihar vs. A.C. Saldanna[5].
It was further held that ”Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation”.- It was further held that ” It is well-settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution”.
The Hon’ble Supreme Court has affirmed the doctrine of implied powers are Union of India vs. Paras Laminates[6], Reserve Bank of India vs. Peerless General Finance and Investment Company Ltd[7], Chief Executive Officer & Vice Chairman Gujarat Maritime Board vs. Haji Daud Haji Harun Abu[8], J.K. Synthetics Ltd. vs. Collector of Central Excise[9], the State of Karnataka vs. Vishwabharati House Building Co-op Society[10]; Savitri vs. Govind Singh Rawat, and ITO, Cannanore vs. M.K. Mohammad Kunhi[11], etc. On observing the above rulings, in SakiriVasuvs State Of U.P. And Others, the Hon’ble Supreme Court held that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3) Cr.P.C. And it was held that they are implied in the above provision.
This brings up the coincidental issue: What is implied by ‘taking discernment of an offence’ by the Magistrate inside the examination of Section 190? This articulation has not been characterized in the Code. However, from the plan of the Code, the substance and negligible heading of Section 190 and the inscription of Chapter XIV under what Sections 190 to 199 happen, plainly a case can be supposed to be established in a Court just when the Court takes the perception of the offence asserted in that. The manners by which such perception can be taken are set out in conditions (a), (b) and (c) of Section 190(1). Regardless of whether the officer has or has not taken perception of the offence will rely upon the conditions of the specific case remembering the mode for which the case is looked to be organized, and the idea of the starter activity, assuming any, taken by the Magistrate. Extensively talking, when on getting a protest, the Magistrate applies his brain for the motivations behind continuing under segment 200 and the succeeding areas in Chapter XV of the Code of 1973 he is said to have taken insight of the offence inside the importance of Section 190(1)(a). In the event that, rather than continuing under Chapter XV, he, has in the legal exercise of his circumspection, made a move of another sort, for example, giving a court order with the end goal of examination, or requesting examination by the police under area 156(3), he can’t be said to have taken insight of any offence.
The situation under the Code of 1898 as to the force of a Magistrate having purview to send a protest uncovering a perception offence – regardless of whether offence only by the Court of Session – to the Police for examination under area 156(3), stays unaltered under the Code of 1973. The qualification between a police examination requested under segment 156(3) and the one coordinated under segment 202, has likewise been kept up with under the new Code; yet a rider has been cinched by the first Proviso to Section 202(1) that in the event that it appears to the Magistrate that an offence only by the Court of Session has been submitted, he will not make any bearing for examination.
Section 156(3) happens in Chapter XII, under the subtitle: ‘Data to the Police and their forces to examination’; while Section 202 is in Chapter XV which bears the heading ‘Of protests to Magistrate’. The ability to arrange police examination under S. 156(3) is unique in relation to the capacity to coordinate examination gave by Section 202(1). The two work in particular circles at various stages.
The first is exercisable at the pre-cognizance stage, the second at the post-awareness stage when the Magistrate is in seizing of the case. In other words on account of a grievance in regards to the commission of a cognizable offence, the force under Section 156(3) can be conjured by the Magistrate before he takes the perception of the offence under S. 190(1)(a).
In any case, on the off chance that he once takes such insight and sets out upon the methodology epitomized in Chapter XV, he isn’t skilful to switch back to the pre-comprehension stage and profit of Section 156(3).
It could be noted further that a request made under sub-segment (3) of Section 156, is in the idea of an authoritative update or hint to the police to practice their entire forces of examination under Section 156(1). Such an examination accepts the whole consistent interaction which starts with the assortment of proof under Section 156 and closes with a report or charge sheet under area 173. Then again, Section 202 comes in at a phase when some proof has been gathered by the Magistrate in procedures under Chapter XV, yet the equivalent is considered inadequate to accept a choice concerning the following stage in the endorsed method. In such a circumstance, the Magistrate is enabled under area 202 to coordinate, inside the cutoff points encompassed by that part, an examination ‘to choose whether or not there is adequate ground for continuing.’ Thus the object of an examination under segment 202 isn’t to start a new case on police report yet to help the Magistrate in finishing procedures previously organized upon a protest before him.”
[1]1997 Cr.L.J 63 (vide para 8)
[3]JT 2006(1) SC 10
[4]JT[1] (vide para 17).
[5] 1980 AIR 326 1980 SCR (2) 16.
[6]AIR 1991 SC 696
[7]AIR 1996 SC 646 (at p. 656)
[8]1996 (11) SCC 23
[9]AIR 1996 SC 3527
[10]2003 (2) SCC 412 (at p. 432)
