Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Khalid Khan and Anr v. State of UP and Anr, has held that under the provisions of Section 156(3) of the Criminal Procedure Code, 1973(CrPC) a Judicial Magistrate has the discretion to direct a preliminary inquiry before ordering for the registration of the First Information Report (FIR) in cases where no cognizable offence is made out.

What was the Background of Khalid Khan and Anr v. State of U.P. and Anr Case?

• In this case, one Satyendra Pal was murdered.
• Though in the complaint, the accused were named, however, the police after investigation arrested the son of said deceased Satyendra Pal namely Monu Pal for the murder of his father Satyendra Pal.
• An application under Section 156(3) of CrPC was filed, for registering the offence against the erring police officers.
• Thereafter the learned Magistrate directed the preliminary inquiry to be conducted by the Sub Divisional Magistrate.
• For the purpose of quashing the order of the learned Magistrate, an application has been filed before the HC of Allahabad.
• While dismissing the application, the HC held that there is no illegality in the order passed by the learned Magistrate and the instant application is devoid of merits.

What were the Court’s Observations?

• Justice Anish Kumar Gupta observed that a Judicial Magistrate, while dealing with an application filed under Section 156(3) CrPC, has the discretion to direct a preliminary inquiry before ordering for the registration of the FIR in cases where he thinks that no cognizable offence is made out.
• The Court also held that the scope of the preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
• The Court further noted that when the application u/S 156(3) CrPC discloses the commission of a cognizable offence, then the concerned Magistrate must direct the registration of the FIR.

What is Section 156(3) of CrPC?

• About:
  • Section 156(3) of CrPC states that a Magistrate who is empowered to take cognizance under Section 190 of Code may order investigation for the cognizable offence.
  • An application under section 156(3) of CrPC discloses the cognizable offence, then it is the duty of the concerned Magistrate to direct registration of the FIR, which is to be investigated by the Investigation Agency, in accordance with law.
  • If the information received does not disclose the commission of cognizable offence apparently, but indicates necessity for inquiry, the preliminary inquiry may be conducted in order to ascertain whether the cognizable offence is disclosed or not.
  • Any judicial magistrate may order an investigation under Section 156(3) of CrPC before taking notice of the offence.
• Case Laws:
  • Har prasad v. State of UP (2006), the Supreme Court held that if the application under Section 156(3) CrPC. discloses the commission of cognizable offence and at the stage of Section 156(3) CrPC, which is the cognizable stage, once the cognizable offence is disclosed through an application, it was the duty of the concerned Court to order for registration and investigation of the offences, as crime detection and crime prevention are the foremost duty of the police and not of the Court.
  • Lalita Kumari v. Govt. of UP (2014), the SC held that if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
  • Priyanka Srivastava and Ors v. State of UP and Ors (2015), the SC held that a stage has come in this country where Section 156(3) Code of Criminal Procedure applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the Magistrate’s jurisdiction.