Remedy against Order under S.156(3) of Code of Criminal Procedure, 1973

Remedy against Order under S.156(3) of Code of Criminal Procedure, 1973

S.156(3) of the Code deals with power of Magistrate to direct investigation. S.397 (1) deals with power of revision ; power vests with HC. S.401 deals with power of HC to exercise revision. S.401 (5) says if revision is filed but appeal lies then such revision will be treated as appeal. 

SAS Infratech Pvt Ltd v. State of Telangana [2024] GCtR 1977 (SC) is an interesting case. In this case, application under S.156(3) was allowed by Magistrate ; accused invoked S.482 of Code of Criminal Procedure, 1973 ; HC allowed petition of accused ; SC had set aside the Order of HC and the Order of HC passed under S.482 was found to be contrary to law. 

Sakiri Vasu v. State of UP [2007] GCtR 6365 (SC) has also explained the Law. It was held that the High Court should discourage the practice of filing a writ petition or petition under Section 482 of Code of Criminal Procedure, 1973 simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. Magistrate can order re-opening of the investigation even after the police submits the final report.

There is another view laid down in M. Subramaniam v. S. Janaki [2020] GCtR 1202 (SC) ; it was held that mere pendency of the civil proceeding is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed. Section 156(3), though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.

Therefore, the remedy appropriate would not be S.482 but it would be S.397 r/w S.401. 

Note : Please do not consider this as a legal opinion. Kindly reach out to a competent Advocate residing within your city and take consultation from him [after paying him consultation fees, instead of taking free consultations from him so that his time/efforts are not disrespected].

Also AI etc has not been used. No material except Full text Judgment has been referred in writing this.