The court explained the scope of Section 156(3) Cr.P.C. regarding magisterial direction for police investigation and dismissed the petition, finding no infirmity in the impugned order.
The petition was dismissed with no liberty to prove allegations by oral or documentary evidence as investigation was deemed unnecessary.
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Ld. Vs. State, 2001(3) RCR (Criminal) 514 wherein it was held as
under:
"It is true that Section 156(3) of the Code empowers a 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. The discretion ought to be exercised after proper application of mind and only in those cases where the Magistrate is of the view that the nature of the allegation 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 to help the complainant."
Since there was no requirement of any investigation by the police, the petitioner would be at liberty to prove allegations of his complaint by leading oral as well as documentary evidence in his complaint under Section 200 Cr. P.C. before the Magistrate.
I do not see any infirmity or illegality in the impugned order. The I petition has no merits and is hereby dismissed.
M.L. MEHTAJ
NOVEMBER 03, 2011 awanish
1 issue framed by the court
Whether there was infirmity or illegality in the impugned order requiring police investigation under Section 156(3) Cr.P.C.
Colour shows how this judgement treated each authority
State, 2001(3) RCR (Criminal) 514Explained¶4
Ld.
State
M.L. Mehtaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
