Section 156(3) CrPC| Magistrate Only Empowered To Direct In-Charge Officer Of Police Station To Conduct Investigation; Not Any Officer Of A Superior Rank: Delhi HC
The Delhi High Court dismissed the Petition challenging the Trial Court’s Order which held that the Magistrate did not have the power to issue directions to a DCP to register an FIR.
The Delhi High Court has clarified that a Magistrate under Section 156(3) of the CrPC is only empowered to direct the in-charge officer of a police station to conduct investigation and not any officer of a superior rank.
The Court dismissed the Petition filed under Section 482 of the CrPC (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), challenging the Order by the Trial Court. The Bench upheld the Trial Court’s decision that the Magistrate did not have the power under Section 156(3) of the CrPC to issue directions to a DCP, a senior official, to register an FIR and handover the investigation to the DIU.
A Single Bench of Justice Chandra Dhari Singh held that “this Court is of the view that the learned ASJ was right in observing that the learned MM was not its power under Section 156(3) of the Code to issue directions to the concerned DCP, who is a senior official, to register an FIR and handover the investigation to the DIU.”
Advocate Seema Gupta represented the Petitioner, while Additional Public Prosecutor Raghuinder Verma appeared for the Respondent.
Brief Facts
The High Court remarked that the criminal complaint filed by way of an application under Section 156(3) of the CrPC by the Petitioner was “nothing but an attempt to pressurize the concerned police officials to take requisite action.”
The Petitions sought to set aside the impugned Order of the Trial Court setting aside an earlier Order of the Metropolitan Magistrate (Magistrate). The Magistrate had directed the Deputy Commissioner of Police to register an FIR and hand over the investigation to the DIU regarding an alleged incident involving the Petitioner's property.
Court’s Reasoning
The Court referred to the decision of the Supreme Court in CBI v. State of Rajasthan (2001), wherein it was held that “as per the statutory mandate under Section 156(3) of the Code, the Magistrate is only empowered to direct the in-charge officer of the police station to conduct investigation and not any officer of a superior rank. It is further observed even if the superior officer proceeds with the investigation, it can be done only if the same is taken suo moto, or a direction is passed by a superior officer to do so or by the Government. In either of the situations, the power is not entrusted on the Magistrate under Section 156(3) of the Code to direct a superior officer to conduct investigation and to register an FIR.”
The Bench held that the Magistrate erroneously proceeded to dispose of the application by directing the concerned DCP to register an FIR against the accused and hand over the investigation to the DIU.
“It is observed that the said direction cannot be passed as the same is contradictory to the mandate of Section 156(3) of the Code and therefore, the learned MM, instead, had the option of proceeding with the complaint under Section 200 of the Code,” it explained.
Consequently, the Court upheld the Order of the Trial Court and held, “Therefore, the learned ASJ was right in directing the learned MM to proceed with the complaint under Section 200 of the Code as no direction can be given to an officer of a superior rank under Section 156(3) of the Code by the Magistrate.”
Accordingly, the High Court dismissed the Petition.
Cause Title: Harmeet Singh v. State Govt. of NCT of Delhi (Neutral Citation: 2025:DHC:799)
Appearance:
Petitioner: Advocates Seema Gupta, Roushan Choudhary and Dikyanshu Sharma
Respondent: Additional Public Prosecutor Raghuinder Verma
