Section 156 (3) CrPC | Magistrate cannot refuse to direct FIR merely because applicant has facts: Allahabad HC
The Allahabad High Court held that merely because the facts of the alleged offence are in the possession of the applicant, who applies under Section 156 (3) CrPC, the magistrate cannot refuse to direct the police to register an FIR.
A bench of Justice Manju Rani Chauhan said that the gravity of the offence, requirement of evidence to launch a successful prosecution and interest of justice, depending upon the facts of each case, are the factors to be considered in passing an order under Section 156 (3) CrPC. Section 156(3) CrPC deals with the power of a Magistrate to order a police investigation into cognizable offences (as defined under Section 2(d) CrPC) brought before him by way of a complaint.
The Single Judge, while setting aside the order passed by Special Judge SC/ST Act Chandauli, treated the Section 156(3) CrPC application filed by the applicant (Mukesh Kharwar) as a complaint and refused to direct registration of FIR on the ground that the facts of the case were known to the applicant.
For reference, the said application seeking registration of FIR alleged that the applicant, an elected member of Kshetra Panchayat 83, Chandauli, had attended a meeting with 66 members on March 4, 2024 to move a no-confidence motion against the Block Pramukh.
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