1. SYNOPSIS
For method and power of Magistrate under section 156(3) of Cr.P.C
Under the circumstances when the Superintendent Police also does not register
the FIR, or despite FIR is requested, no proper investigation is done then under
such circumstances. The aggrieved person can approach Magistrate under section
156(3) of Cr.P.C. and thus because of this it is interesting to know the powers of
the Magistrate under above mentioned section of the code. Therefore, I deem it
is very useful if it is discussed with relevant case laws as to the power of
Magistrate under section 156 (3) of Cr. P.C.
The power of Magistrate are not expressed in sec 156 (3) of Cr.P.C , if that so,
then there will be a conflict that whether there is an implied power in the
Magistrate under Section 156(3) Cr.P.C to order registration of a criminal offence
and/or direct the police officer to hole proper investigation and take all necessary
steps.
Section 156. Police officer’s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a
Magistrate, investigate any cognizable case which a Court having jurisdiction over
the local area within the limits of such station would have power to inquire into or
try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in
question on the ground that the case was one which such officer was not
empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an
investigation as above- mentioned.

2. In Sakiri Vasu vs State of U.P And Others 1
, it was held that if a person has a
grievance that the police station is not registering FIR under section 154 of Cr.P.C,
then he can approach the Superintendent of Police under Section 154(3) Cr.P.Cby
an application in writing, and even if it does not yield any successful result then
application can be filed under section 156 (3) of Cr.P.C before the learned
Magistrate, then Magistrate can direct a proper investigation process still if it’s
not satisfactory then Magistrate can also under the same provision monitor the
investigation to ensure a proper investigation.
The observations madeby the DivisionBenchof Karnataka High Court in the case
of Guru Dutt Prabhu & Ors Vs. M.S. Krishna Bhat and Ors 2
. expressing the fear
in sending every complaint filed under Section 156(3) Cr.P.C for Police
investigation without application of mind, which certainly can be used as a tool
of harassment in the hands of unscrupulous complainant and there are chances
where this provision can be highly misused if the orders are passed under Section
156(3) of the Code in routine, even where a complaint is filed under Section 200
of the Code.
In the judgment of the Apex Court in Suresh Chand Jain Vs. State of Madhya
Pradesh 3
relied upon by the complainant has also been referred to:
(7). It is true that Section 156(3) of the Code empowers a Magistrate to direct the
police to register a case and initiate investigations but this power has to be
exercised judiciously on proper grounds and not in a mechanical manner. In those
cases where the allegations are not very serious and the complainant himself is in
1 (2008) 2 SCC 409,
2 1999 Crl.L.J. 3909
3 2001 (I) AD(Crl.) S.C. 34

3. possession of evidence to prove his allegations there should be no need to pass
orders under Section 156(3) of the Code. The discretion ought to be exercised
after proper application of mind and only in those cases where the Magistrate is
of the view that the nature of the allegations is such that the complainant himself
may not be in a position to collect and produce evidence before the Court and
interests of justice demand that the police should step in to held the complainant.
The police assistance can be taken by a Magistrate even Under Section 202(1) of
the Code after taking cognizance and proceeding with the complaint under
Chapter XV of the Code.
(10). Section 156(3) of the Code aims at curtailing and controlling the arbitrariness
on the part of the police authorities in the matter of registration of FIRs and
taking up investigations, even in those cases where the same are warranted. The
Section empower the Magistrate to issue directions in this regard but this
provision should not be permitted to be misused by the complainants to get
police cases registered even in those cases which are not very serious in nature
and the Magistrate himself can hold enquiry under Chapter XV and proceed
against the accused if required. Therefore the Magistrate must apply his mind
before passing an order under Section 156(3) of the Code and must not pass
these orders mechanically on the mere asking by the complainant. These powers
ought to be exercised primarily in those cases where the allegations are quite
serious or evidence is beyond the reach of complainant or custodial interrogation
appears to be necessary for some recovery of article or discovery of fact.
Further in case of Srinivas Gundluri & Ors vs M/S. Sepco Electric Power Const ,
2010 Supreme Court held :

4. That u/s 156 (3) of the Code main required is bare reading of the complaint and if
it discloses a cognizable offence may direct the police for investigation,
But where it takes cognizance and decides as to whether or not there a ground
for proceeding any further then it is in a case squarely falling Chapter XV of the
Code.
The position under the Code of 1898 with regards to the power of Magistrate
having jurisdiction to send a complaint disclosing a cognizance offence- whether
or not tri able exclusively by the Court of Session- to the Police for investigation
under section 156(3), remains unchanged. The distinction between a police
investigation ordered under section 156(3) and the one directed under section
202 has also been maintained under the Code, but the major is stuck by the first
provision of section 202 (1) that if it appears to the Magistrate that an offence tri
able exclusively by the Court then he shall make any direction for investigation.
Section 156 (3) occurs in Chapter XII, as “Information to the Police and their
powers to investigation”, while Section 202 is in Chapter XV which says “Of
complaints of Magistrate. And they both are two different powers where the first
is exercised at pre cognizance state and the second is post. It may be noted
further that an order made under 156(3) is a nature of peremptory reminded or
intimation to the police to exercise their powers.
Thus on these basis the Magistrate can take actions and order the police authority
for proper investigation in due process of time.