Until Process Is Issued, A Person Against Whom FIR Is Sought To Be Registered Can’t Intervene Through An Application Under Sec.156(3) CrPC

Mrs Laxmi Mukul Gupta @ Lipi vs The State of Maharashtra and ors

Bombay HC

19/01/2018

WRIT PETITION NO.3851 0F 2017

About/from the judgment:

Until Process Is Issued, A Person Against Whom FIR Is Sought To Be Registered Can’t Intervene Through An Application Under Sec.156(3) CrPC!

 

A plain reading of this decision (Nitin Yeshwant Patekar v Maria Luiza Quadros) would indicate that this Court had neither endorsed the view of the learned Sessions Judge nor expounded such proposition. Hence, the statement in the impugned order that “the Hon’ble High Court held that there is no bar to hear the Respondent at the time of considering application under Section 156(3)” is totally erroneous and misconceived.

 

At this pre-cognizance stage, the Magistrate is only required to arrive at a conclusion that the application discloses cognizable offence in respect of which investigation is intended to be ordered. The Magistrate is certainly not required to embark upon an in-depth roving enquiry as to the reliability and genuineness of the allegations. Thus, the discretion and power of the Magistrate under Section 156(3) of CrPC is very limited. In exercise of such powers the Magistrate cannot travel into the arena of merit of the case. Considering the scope of Section 156 (3) of CrPC and in the absence of any statutory provision, the Respondents could not have been conferred with any right of hearing at pre-cognizance stage.

Read the Judgment

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