• Registration of FIR

Please refer to the SC Judgement in Lalita Kumari vs Govt of UP 2013. it says that if Police is approached with information of Cognizable offence then they must register a FIR. Please advice if a magistrate is approached with information about a cognizable is the magistartae als duty bound to order FIR under 156(3) CRPC. Please cite previous judgements.
Asked 6 years ago in Criminal Law
Religion: Hindu

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16 Answers

Hello,

If you are approaching the magistrate directly then the magistrate is not bond to take action directly until and unless you have concrete reason to show as to why you have not approached the police first for lodging the FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

In that case you may approach the magistrate, relevant judgment can be found at the following link:

https://drive.google.com/file/d/0BzXilfcxe7yuY0lEWUEzZ1g4Mkk/view

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Dear Client,

You are wrongly interpreting sec 156(3). Scope of Power of Magistrate is wide enough and above guidelines are passed by Hon`ble Supreme Court cause of errant police reluctance to file FIR, which is Kaam chor and corrupt.

U/s sec 156(3), court go through the contents of petition and document if any annexed and after perusal and satisfaction finds out criminal offense made out, either orders for filling FIR or takes cognizance u/s 190 of CrPC.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can complain to Superior officer of police regarding the sho not registering the fir . If not then u can approach the hon'ble court of that jurisdiction n file private complain for registering the fir.

Habeeb Imran Al Hashmi
Advocate, Hyderabad
18 Answers
3 Consultations

4.0 on 5.0

SC reiterates that Registration of FIR is mandatory when a Magistrate orders investigation U/S 156(3) of Crpc

Earlier in Suresh Chand Jain vs State Of Madhya Pradesh & Another, another Two Judge Bench of the Supreme Court explained the scope of S.156(3) of Cr.P.C as follows; “For the purpose of enabling the police to start 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 ..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 investigation 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...

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

If Police refuse to lodge FIR magistrate can direct police to lodge FIR

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

No

1. Magistrate direct I.O. to file the status report on 156(3).

2. I.O. filed closure report and etc. then magistrate have to decide what direction to be given i.e. registered F.I.R or not

Arun Kasana
Advocate, Delhi
32 Answers

Not rated

Then magistrate can under 156(3) read with 190 and 200 crpc can take cognizance of complaint filed. if on satisfaction with contents of complaint evidence on record and the examining witness. The magistrate can for satisfaction can direct IO to look into matter and present a report thereof.

The magistrate on satisfaction direct police for investigation and police ought to register an FIR then http://www.livelaw.in/sc-reiterates-that-registration-of-fir-is-mandatory-when-a-magistrate-orders-investigation-us-1563-of-crpc/

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Further if no cognizable offence in view of magistrate on satisfaction by enquiry is disclosed magistrate is not bound to direct police for investigation and the FIR.

Alternatively file a writ in high court praying for registration of FIR high court shall issue writ and direct the police to register FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Madam/Sir,

If police refuse to issue FIR on cognizable offense then you have following remedy apart from referring complaint by Magistrate under 156(3) CRPC. You may try.

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156(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

Section 154 in The Code Of Criminal Procedure, 1973

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154. Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++

156. Police officer' s power to investigate cognizable case.

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

The judicial magistrate may not direct the police to register the FIR directly, it may pass an order to investigate the matter and initiate furthre legal action as per law including registration of FIR if need be.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If the Magistrate is being approached after Police refuses to take complaint then?

If the judicial magistrate is approached directly after the police refusing to entertain the complaint, the judicial magistrate may direct the police under the provisions of section 156(3) of cr,.p.c. to investigate and initiate appropriate legal action as per law on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Magistrate should order for fir in case after hearing if he deems fit or he can tk that complaint under section 200 for recording statement of complainant and other witness . to get recording FIR you have to show in your complaint why FIR is must life to collect evidence which is unable to produce by you s matter of investigation

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Magistrate can take action on oral or written complaint of the complainant if police official refuses to lodge an FIR.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

Firslty, yes the case is rightly talk about the mandate condition on police but still they can’t file the FIR in every case.

Secondly, make a complain to the police station then to SP or ACP or DCP.

Thirdly, after tht you can move before the magistrate and get it filed under 156(3).

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Yes if there is a primafacie cognisable offence magistrate us duty bound to pass orders under section 156 crpc.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

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