POWER OF THE COURT TO DIRECT REGISTRATION OF FIRST INFORMATION REPORT (FIR) – A STUDY

Abstract

1. Section 156(3) of the Criminal Procedure Code, which operates at the pre-cognizable stage, confers powers on a magistrate, who is empowered to take cognizance under Sec 190 of Criminal 

Procedure Cod, to order investigation into any cognizable case.  In Panchabhai Popatbhai Bhutani & Others,  the Supreme Court ruled:  “A petition under Section 156(3) cannot be strictly construed as a compliant in terms of Sec 2(d) of the code and absence of a specific or improperly worded prayer or lack of complete and definite details would not prove fatal to a petition under sec 156(3) in so far as it states facts constituting ingredients of a cognizable offence.  Such petition would be maintainable before the magistrate”. 

1. In a case, where the petitioners were public servants and an FIR against them for acts in the discharge of duties without the sanction of appropriate authority, whether the magistrate can give a direction to register an FIR against them came up for consideration before the Supreme 

Court.    Basing on an earlier decision in Anil Kumar’s case,  it was held that the magistrate could not have passed the order for registration of FIR without sanction by the appropriate authority.  Earlier case-laws were relied upon.   No such sanction is necessary, in case of persons, who are not public servants.