Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | registration of FIR modification of the order Section 156 3 CrPC |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 — s. 156(3) — Police officer's power to investigate cognizable case — Registration of FIR — Complaint by appellant before the Magistrate for registration of FIR -- Rejected by the Magistrate taking note of the order passed by this Court wherein the action of High Court in entertaining writ petition for change of investigating officer was disapproved ~ In writ petition also the High Court rejected to issue direction for registration of FIR holding that it was open for the petitioner to seek clarification/modification of the order from this Court — On appeal, held: Import of the order passed by this Court is that the registration of an F:1.R. involves only the process of recording the substance of information relating to commission of any cognizable offence in a book kept by the officer incharge of the concerned police station — To enable the police to start investigation, it is open to the Magistrate to direct the police to register an FIR. and even where a Magistrate does not do so in explicit words but directs for investigation u/s. 156(3), the police should register an F.I.R - Because s. 156 falls within chapter XII of the Code which deals with powers of the police officers to investigate cognizable offences, the police officer concerned would always be in a better position to take further steps contemplated in Chapter XII once F.LR. is registered in respect of the concerned cognizable offence — Thus, direction issued to the Magistrate and the police officer to rectify their mistake by ensuring registration of an appropriate FIR. — Direction also issued to the police to complete the investigation fairly and in accordance with law at an early date. |
Judge | N/A |
Neutral Citation | 2016 INSC 153 |
Petitioner | Hamant Yashwant Dhage |
Respondent | State Of Maharashtra And Others |
SCR | [2016] 2 S.C.R. 997 |
Judgement Date | 2016-02-10 |
Case Number | 110 |
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