Shashwati Chowdhury
Published on: August 14, 2022 at 17:55 IST
In an important judgement, the Supreme Court held that a Judicial Magistrate has a duty to order a police investigation under Section 156(3) of the Code of Criminal Procedure when the facts support the need for a police investigation and the complaint prima facie establishes the commission of a cognizable offence.
The Court further said,
“Therefore, in such cases, where not only does the Magistrate find the commission of a cognizable offence alleged on a prima facie reading of the complaint but also such facts are brought to the Magistrate’s notice which clearly indicate the need for police investigation, the discretion granted in Section 156(3) can only be read as the Magistrate’s duty is to order the police to investigate.”
In this case, the woman had complained to the police that the institute’s former vice-chancellor had touched her indecently while she was at work. She also twice complained to the Superintendent of Police after nothing was done. She moved to the Judicial Magistrate First Class, Gwalior under Section 156(3) of the CrPC, but even then, no action was taken.
The police were directed by the JMFC to submit a status report, but the COVID-19 epidemic delayed the JMFC’s proceedings. The JMFC concluded that there was prima facie evidence of the “occurrence of the offence by the accused persons.”
In accordance with Sections 200 and 202 of the CrPC, the JMFC continued to treat the allegations as complaints and granted the complainant liberty to examine witnesses. The appellant invoked Section 482 CrPC to question this JMFC order.
The JMFC was not required to direct the police to file the FIR, according to the High Court, and the usage of the word “may” in Section 156(3) CrPC suggested that the JMFC had the discretion to order the complainant to examine witnesses following Sections 200 and 202 CrPC.
The Court held that the matter should be sent to the police for investigation in cases like the one at hand where it is alleged that there is documentary or other evidence in the accused’s or other individual’s physical possession that the police would be best placed to look into and retrieve using its powers under the CrPC.
After allowing the appeal, the Bench directed the JMFC Gwalior to order a police investigation under Section 156(3) CrPC. The Bench ordered that the investigation must be supervised by a female officer with a minimum rank of Superintendent of Police, who will be nominated by the DIG of the zone in question.