Case Note & Summary
The petitioner, Hirsingh T. Rao, filed a writ petition before the Bombay High Court challenging the reluctance of the police authorities to investigate a complaint despite a specific direction issued by the learned Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973. The facts reveal that the accused, Mrs. Kanak Podar, set up offices and showrooms in Mumbai in February 2004, representing herself as a member of the renowned Podar family and claiming exclusive agency for Nokia mobile phones. Induced by her promise to supply Nokia phones at attractive prices within one month, the petitioner paid Rs.7,05,000 in April 2004. When the phones were not delivered, the accused gave three post-dated cheques, which were dishonoured due to insufficiency of funds. Despite the Magistrate's order directing investigation, the police failed to act. The court held that when a Magistrate issues a direction under Section 156(3) CrPC, the police are bound to register an FIR and investigate. Failure to do so amounts to dereliction of duty. The court directed the Senior Inspector of Police, Marine Drive Police Station, to immediately register an FIR and investigate the matter, and to file a compliance report within four weeks.
Headnote
A) Criminal Procedure Code - Investigation - Section 156(3) CrPC - Police Duty - When a Magistrate directs investigation under Section 156(3) CrPC, the police are bound to register an FIR and investigate the matter. Failure to do so amounts to dereliction of duty and contempt of court. The High Court can issue appropriate directions to ensure compliance. (Paras 2-4) B) Criminal Procedure Code - Writ Jurisdiction - Non-Compliance of Court Order - The High Court can entertain a writ petition under Article 226 of the Constitution when the police fail to comply with a Magistrate's order under Section 156(3) CrPC, as it involves a failure to perform a statutory duty. (Para 4)
Issue of Consideration
Whether the police authorities are bound to investigate a complaint when a Magistrate issues a direction under Section 156(3) of the Code of Criminal Procedure, 1973, and whether the High Court can intervene when the police fail to comply with such direction.
Final Decision
The court directed the Senior Inspector of Police, Marine Drive Police Station, to immediately register an FIR and investigate the matter in accordance with law, and to file a compliance report within four weeks. The writ petition was disposed of accordingly.
Law Points
- Magistrate's power under Section 156(3) CrPC
- police duty to investigate upon direction
- dereliction of duty by police
- writ jurisdiction for non-compliance of court order
