power of magistrate to lodge FIR under section 156(3) crpc 1898

Magistrate power to order for FIR or to entertain direct complaints..
............When a complainant approaches the magistrate,, then he has TWO options
First option u/s 156(3) ,order for FIR,
When complainant approaches to the magistrate,, then magistrate without taking cognizance and without taking examination of the complainant upon oath ,, the magistrate will refer the complainant towards SHO along with detectives to SHO for registration of FIR,
Second option for entertaining direct complaint u/s 190(1)(a) , and section 200 cr.p.c.
When complainant approaches the magistrate,, then magistrate can opt for the second option, whereby, he will take cognizanze first 190(1)(a) , then will examinane complainant uon oath 200.,,

then After, magistrate under section 202,,
either will make inquiry itself about the truth and falsehood of the complaint,,, or,, will direct police to investigate the matter and submit the Report,,The Power of The Magistrate Under Section 156 (3) of Cr.P.C


That too, an aggrieved person has right to claim that the offence he alleges be investigated properly. However, The Hon'ble Supreme Court held in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency.

The Classification Of Magistrates:
Before discussing the powers of Magistrate under section 156 (3) of Cr.P.C, it is necessary to understand the categories of Magistrates in our country. The classification of Magistrates is given in the Code of Criminal Procedure,1973. It stipulates that in each sessions district, there shall be

· Executive Magistrates
· Judicial Magistrate of Second Class
· Judicial Magistrate of First Class; and
· The Chief Judicial Magistrate

Inasmuch as section 156 (3) of Cr.P.C says that '' Any Magistrate empowered under section 190 may order such an investigation as above mentioned''., we must understand section 190 of Cr.P.C.

Let us see the relevant case law in order to know the power of Magistrate under section 156 (3) of Criminal Procedure Code,1973.

It has been held by The Hon'ble Apex Court in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that ''no one can insist that an offence be investigated by a particular agency''. This view was agreed in Sakiri Vasu vs State Of U.P. And Others.استغاثہ میں گواہان

2007 YLR 1082 (LAHORE)

Parties:

• Appellant: Imran Anwar
• Opponent: The State

Key Legal Point:
Under Sections 200, 201, and 202 of the Cr.P.C., it is not mandatory to submit a list of witnesses or append all related documents when filing a private complaint. The court held that procedural requirements should not impede access to justice or the progression of a private complaint. The complainant is not bound to present all evidence and witness lists at the initial filing stage, allowing some flexibility in proceedings.

In Sakiri Vasu vs State Of U.P. And Others, 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 file an application under 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. Afaq Jahan & Anr. JT 2006(1) SC 10, this Court observed:

The clear position therefore is that any judicial Magistrate, before taking cognizance of th