Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: implies that the police is bound to register an FIR when an information regarding
cognizable offence is given to the police, whereas the Magistrate is not bound to give
directions u/s 156 (3) Cr.P.C, even though the complaint discloses the commission of
a cognizable offence as the Magistrate has to see whether the investigation by the
police is required or not in the given case.
4. In the judgment of Hon'ble Delhi High Court titled as Subharkarah
Luharka v. State DoD 9-7-2010 delivered in Crl. 6122/23/05,
it has been held by the
Hon'ble High Court that if the evidence is within the reach of the complainant and no
investigation by the police is required, the Magistrate should ask the complainant to
lead the evidence rather than giving directions to the police for registration of FIR u/s
156(3) Cr.P.C.
5. In the another judgment titled as “M/s. Skipper Beverages Pvt. Ltd. v.
State, 2001 IV AD (Delhi)” the Hon'ble High Court of Delhi has observed as under :
“It is true that Section 156 (3) Cr.P.C. of the Code empowers to
Magistrate to direct the police to register a case and initiate investigations but
this power has to be exercised judiciously on proper grounds and not in a
mechanical manner. In those cases where the allegations are not very serious
and the complainant himself is in possession of evidence to prove his
allegations there should be no need to pass orders under Section 156 (3) of the
Code. This discretion ought to be exercised after application of mind and only
in those cases where the Magistrate is of the view that the nature of the
allegations is such that the complainant himself may not be in a position to
collect and produce evidence before the court and interest of justice demand
that the police should step in the help of the complainant”.
6. Also in “Suresh Chand Jain Vs. State of MP 2001 (1) AD (Crl.) S.C. 34”
Hon'ble Apex Court stated that “
there are per-requisites to the followed by the
complainant before approaching the Magistrate U/s 156 (3) of the code which is a
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