When complaint U/S 156 of CRPC can directly be made to magistrate without giving FIR to police?

Mr Panchabhai Popotbhai Butani vs The State of Maharashtra and others

Bombay HC

10/12/2009

2010(112)BOMLR427, 2010CriLJ2723, 2010(1)MhLj421, 2010(3)RCR(Criminal)261

About/from the judgment:

When complaint U/S 156 of CRPC can directly be made to magistrate without giving FIR to police?

 

In view of our above discussion, we record our answers to the questions of law posed before us, as follow:-

 

Question No. (i) Whether in absence of a complaint to the police, a complaint can be made directly before a Magistrate?

 

Answer Normally a person should invoke the provisions of Section 154 of the Code before he takes recourse to the power of the Magistrate competent to take cognizance under Section 190of the Code, under Section 156(3). At least an intimation to the police of commission of a cognizable offence under Section 154(1) would be a condition precedent for invocation of powers of the Magistrate under Section 156(3) of the Code. We would hasten to add here that this dictum of law is not free from exception.

 

There can be cases where non-compliance to the provisions of Section 154(3) would not divest the Magistrate of his jurisdiction in terms of Section 156(3). There could be cases where the police fail to act instantly and the facts of the case show that there is possibility of the evidence of commission of the offence being destroyed and/or tampered with or an applicant could approach the Magistrate under Section 156(3) of the Code directly by way of an exception as the Legislature has vested wide discretion in the Magistrate.

Read the Judgment

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