Power of the Court to Direct Registration of First Information Report (FIR) – A Study

Abstract

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”.

Keywords: Dr Mukund Sarda New law College Pune, Dr Mukund Sarda Bharati Vidyapeeth University, Bharati Vidyapeeth University Pune, Prof Dr Mukund Bhagirath Sarda