LI Network
Published on: December 1, 2023 at 15:25 IST
The Delhi High Court underscored that Magistrates cannot issue directions for investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) mechanically; rather, such directives should only be given after a careful application of mind.
Justice Rajnish Bhatnagar noted that a Magistrate is not obligated to instruct a police investigation even if all allegations in the complaint reveal elements of a cognizable offense. The court emphasized that each case should be evaluated based on its unique facts and circumstances.
Justice Bhatnagar explained: “In the facts and circumstances of a given case, the Magistrate may take a decision that the complainant can prove the facts alleged in the complaint without the assistance of the police.
In such cases, the Magistrate may proceed with the complaint under Section 200 of the Code and examine witnesses produced by the complainant. The Magistrate ought to direct investigation by the police if the evidence is required to be collected with the assistance of the police.”
Section 156(3) of the CrPC empowers Magistrates to order police investigations, but Justice Bhatnagar stressed the discretionary nature of this authority.
These observations came in response to a plea by an individual seeking the registration of an FIR against neighbors, alleging fraud. The Metropolitan Magistrate, as well as the Sessions judge in revision, had declined to direct an investigation.
Justice Bhatnagar, in rejecting the plea, opined that the petitioner possessed the facts and evidence necessary for an inquiry under Section 200 of the CrPC before the Metropolitan Magistrate.
The court concluded that there was no justification for its intervention under Section 482 of the CrPC or Article 226 of the Constitution of India, as there was no indication of miscarriage of justice or illegality in the lower courts’ approach.
Case Title: Anjuri Kumari V. The State Govt. Of Nct Of Delhi & Ors., W.P.(Crl)