Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: CIS no. 256/24
PS-New Usmanpur
Sushila vs. Satender Kumar @ Saurav & Ors.
-4-
05. Remedy under Section 156 (3) Cr. P.C. is a
discretionary one as the provision proceeds
with the word 'may'. The Magistrate is
required to exercise his mind while doing so
and pass orders only if he is satisfied that the
information reveals commission of cognizable
offence/offences and also about necessity of
police investigation for digging out of
evidence neither in possession of the
complainant nor can be procured without the
assistance of the police. The complainant, as a
matter of right, cannot insist that the complaint
case filed by him/her should be directed in
every eventuality to the police for
investigation.”
7. In matter of
“Zubair Ul-Abidin (Dr.) Vs. State (NCT
of Delhi)” 2014 III AD (DELHI) 61 of
Hon'ble High Court of
Delhi has held that : -
“12. Thus, the magistrate is not supposed to act
mechanically and direct registration of FIR in
each and every case in routine and casual
manner. Criminal law is not expected to be set
in motion on mere asking of a party. There has
to be some substance in the complaint filed and
it is only if it appears that the allegations are
serious enough and establish the commission of
cognizable offence required thorough
investigation by the police an FIR should be
ordered to be registered.”
8. In matter of
“Mrs. Priyanka Srivastava & Anr. Vs.
State of UP & Ors.” in Criminal Appeal No.781 of 2012 decided
on 19.03.2015,
Hon'ble Supreme Court of India in a case
registered on directions of the Court against public servant(s)
cautioned the magistracy at the time of passing of directions for
registration of FIR under Section 156 (3) Cr. P.C. and observed
as under : -
Contd…...
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