Procedure for filing an application under Section 156(3) of CRPC

Question: What is the procedure for filing an application under Section 156(3) of Criminal Procedure Code before the Magistrate to direct the police to conduct investigation in an offence under Section 420 IPC (Cheating case)?

Answer: The offence of cheating under Section 420 IPC is a cognizable offence. Therefore, the police has the power to directly register the FIR under Section 154 Cr.P.C. without orders of the magistrate. In view of this, you should first approach the concerned police station with your complaint under Section 420 IPC. However, if the police station refuses to register the FIR, then you may also approach the Superintendent of Police of the district requesting him to direct an investigation under the provisions of Section 154(3) Cr.P.C., as shown below:

CODE OF CONDUCT FOR JUDGES

“(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 sub-section (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.”
However, if you do not receive any satisfactory action even after complaining to the Superintendent of Police, then you can file an application to the Magistrate having jurisdiction under Section 156(3) of the Cr.P.C., which is reproduced below:

“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.”
As laid down in Section 156(3) of Criminal Procedure Code, the Magistrate has the power to order an investigation by the officer in charge of the police station.
It is germane to point out that in the recent case of Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287 : 2015 Cri LJ 2396 : AIR 2015 SC 1758, the Supreme Court held as under:
“…there has to be prior applications under Sections 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed.”

In this regard, it is pertinent to point out that in the case of Mohd. Yousuf v. Afaq Jahan, (2006) 1 SCC 627, the Supreme Court held as under:


“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. 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 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 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 complainant.
Disclaimer: All the contents are for general use and information. Consult your lawyer before acting.

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