NDLI: Kailash Vijayvargiya Vs. Rajlakshmi Chaudhuri and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973 : s. 156(3)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Criminal Procedure, 1973: s. 156(3) – Police officer’s power to investigate cognizable case – Application u/s. 156(3) by the victim-complainant alleging rape by the appellants; and sought direction to police to investigate the matter treating the complaint as an FIR – Prior to filing of the said application, the victim filed several complaints before the police authorities, who conducted an enquiry and found that there was delay of two years in filing the complaint and refused to register the same – Dismissal of the application u/s. 156(3) by the Magistrate – Revision application there against, allowed by the High Court, setting aside the order of the Magistrate holding that the Magistrate at that stage could not verify the veracity of allegations – Issuance of direction to the Magistrate to re-consider the application u/s. 156(3) – On remand, the Magistrate passed an order u/s. 156(3) directing registration of the FIR – On appeal, held: It is impermissible and contrary to law to adjudicate on merits the allegations and determine the facts as baseless, without further scrutiny and examination – Thus, the High Court was correct in remitting the matter to the Magistrate for further examination – Magistrate, while passing a subsequent order u/s. 156(3) directing registration of the FIR, misread the order and directions given by the High Court – Magistrate was required to examine, apply his judicious mind and then exercise discretion whether or not to issue directions u/s. 156(3) or whether he should take cognizance and follow the procedure u/s. 202 – He could also direct a preliminary inquiry by the Police – In view thereof, the order passed by the High Court remanding the matter back to the Magistrate is upheld – The subsequent order passed by the Magistrate on remand, directing registration of FIR is remitted back to the Magistrate to apply his judicial mind and exercise the discretion u/s. 156(3) or to take cognizance u/s. 202 of the Code. ss. 156 (3) and 202 – Power of the Magistrate to direct investigation at pre-cognizance u/s. 156(3) and post-cognizance stages u/ss. 200-210 – Distinction between – Held: Power u/s.156(3) is to be exercised before the Magistrate takes cognizance u/s. 190 – Once the Magistrate takes cognizance, the Magistrate has discretion to take recourse to his powers u/s. 202 – Magistrate exercises a very limited power u/s.156(3) whereas, u/s. 202, the Magistrate can analyse the veracity of the complaint made and appreciate whether there are grounds to proceed further.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2023 INSC 494
Petitioner	Kailash Vijayvargiya
Respondent	Rajlakshmi Chaudhuri And Others
SCR	[2023] 6 S.C.R. 135
Judgement Date	2023-05-04
Case Number	1581

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Kailash Vijayvargiya Vs. Rajlakshmi Chaudhuri and Others

Please Log-in to view this content

Ketankumar Babulal Patel Vs. Kesarben Jesangji and Ors.

Asit Bhattacharjee Vs. M/s. Hanuman Prasad Ojha and Ors.

Vasudev Vs. Parvinder Kumar & Ors.

Rasiklal Vs. Klsore

R. Mohan Vs. A.k. Vijaya Kumar

R. Dineshkumar @ Deena Vs. State Rep. By Inspector of Police & Others

Mrs. Priyanka Srivastava and Another Vs. State of U.p. and Others

Mohd. Yaseen Vs. State of U.p.

Mohammed Zakir Vs. Shabana & Ors.

Kailash Vijayvargiya Vs. Rajlakshmi Chaudhuri and Others

Kailash Vijayvargiya Vs. Rajlakshmi Chaudhuri and Others

Please Log-in to view this content

Similar Documents

Ketankumar Babulal Patel Vs. Kesarben Jesangji and Ors.

Asit Bhattacharjee Vs. M/s. Hanuman Prasad Ojha and Ors.

Vasudev Vs. Parvinder Kumar & Ors.

Rasiklal Vs. Klsore

R. Mohan Vs. A.k. Vijaya Kumar

R. Dineshkumar @ Deena Vs. State Rep. By Inspector of Police & Others

Mrs. Priyanka Srivastava and Another Vs. State of U.p. and Others

Mohd. Yaseen Vs. State of U.p.

Mohammed Zakir Vs. Shabana & Ors.

Kailash Vijayvargiya Vs. Rajlakshmi Chaudhuri and Others