How to File Criminal Complaint before Magistrate under Section 156 (3) of CrPC?

 

INTRODUCTION

 

Today, I will talk about the case of Babu Venkatesh and Others v. State of Karnataka and Another, 2022 SCC OnLine SC 200, wherein the Hon’ble Supreme Court discussed the manner in which an Application, or Criminal Complaint under S. 156 (3) of the Code of Criminal Procedure, 1973 (CrPC) is to be preferred before a Magistrate.

 

WHAT IS 156 (3) OF CRPC?

 

In order to know about filing of a Criminal Complaint before a Magistrate, it is important to understand that S. 156 (3) read with S. 190 of CrPC provides that any magistrate may take cognizance of an offence and order an investigation: -

 

a. Upon receiving a complaint of facts which constitute such offence; or

 

b. Upon a police report of such facts; or

 

c. Upon information received from any person or upon his own knowledge that such offence has been committed.

 

Thus, we see that wide powers have been granted under CrPC to Magistrates to look into the criminal complaints. It is pertinent to note that a person cannot directly prefer a Criminal Complaint/Application before a Magistrate. There are other remedies that ought to be exercised before approaching a Magistrate under S. 156 (3).

 

PRIOR IMPORTANT REMEDIES

 

Firstly, the Informant or the Applicant must approach the concerned Police Station seeking filing of the FIR (First Information Report) in relation to the commission of a cognizable offence under S. 154 (1) and if there is refusal on part of the concerned Police Officer or Police Station to register such an FIR, he ought to disclose such information to the concerned Superintendent of Police (SP) under S. 154 (3) who if satisfied may direct an investigation in relation to commission of such cognizable offence. It is when these remedies get exhausted, a person may approach the Magistrate seeking invocation of powers under S. 156 (3) of CrPC.

 

IMPORTANT POINTS TO REMEMBER

 

In the present case, the Court discussed the following modalities that ought to be complied with while dealing with and deciding a Complaint under S. 156 (3) of CrPC: -

 

a. Applications under S. 156 (3) of CrPC must be supported by an Affidavit duly sworn by the Applicant who seeks to invoke the jurisdiction of the Magistrate.

 

b. Such Magistrate ought to verify the truth and veracity of the allegations made in the Complaint/Application before him.

 

c.  The Magistrate must be satisfied that the Application under S. 156 (3) must not be made in a routine or casual manner with an intent to settle personal scores.

 

d. Mentioning of prior Applications under S. 154 (1) and S. 154 (3) must be spelt out clearly in the Application under S. 156 (3) before the Magistrate.

 

e. The Magistrate must see that there is no undue delay or laches in filing of the Application under S. 156 (3). And

 

f. The Application under S. 156 (3) must not be filed merely to harass other persons or to abuse the process of law.

 

Thus, the above-stated points must be kept into mind while preferring an Application, or Criminal Complaint under S. 156 (3) of CrPC before a Magistrate.