Case Note & Summary
The applicants, including Pinni Co-operative Housing Society and others, challenged an order dated 22.6.2010 passed by the Additional Chief Judicial Magistrate, Pune under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The order directed the police to investigate a complaint filed by Respondent No.1, Maruti Mathu Gaikwad, alleging offences of cheating, forgery, and conspiracy in relation to execution of power of attorney, development agreement, and conveyance of land in Mundwa village, Pune. Respondent No.1 had previously filed a written complaint with the police, but no action was taken. The Magistrate, without recording any satisfaction that the complaint disclosed a cognizable offence, mechanically directed police investigation. The High Court held that the Magistrate must apply judicial mind before passing an order under Section 156(3) CrPC, as it is a pre-cognizance stage. The impugned order was quashed and set aside, and the complaint was directed to be restored to the file of the Magistrate for fresh consideration in accordance with law.
Headnote
A) Criminal Procedure Code - Section 156(3) CrPC - Order for Police Investigation - Magistrate must apply judicial mind and record satisfaction that complaint discloses cognizable offence before directing investigation under Section 156(3) CrPC - Impugned order set aside as it was passed mechanically without such application (Paras 1-10).
Issue of Consideration
Whether the Magistrate's order under Section 156(3) CrPC directing police investigation was passed without proper application of judicial mind and without recording satisfaction that the complaint disclosed a cognizable offence
Final Decision
The impugned order dated 22.6.2010 is quashed and set aside. The complaint is restored to the file of the learned Magistrate for fresh consideration in accordance with law. Rule made absolute accordingly.
Law Points
- Section 156(3) CrPC requires application of judicial mind
- Magistrate cannot mechanically order police investigation
- complaint must disclose cognizable offence
- power under Section 156(3) is pre-cognizance stage
Case Details
2013 LawText (BOM) (07) 102
Criminal Application No.4635 of 2010
P.V. Hardas, Mrs. Mridula Bhatkar
Mr. M.S. Mohite for the Applicants, Mrs. A.S. Pai, APP for Respondent State, Mr. S.M. Gorwadkar for Resp. No.1
Pinni Co-operative Housing Society & Ors.
Maruti Mathu Gaikwad & Ors.
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Nature of Litigation
Criminal application challenging order under Section 156(3) CrPC directing police investigation
Remedy Sought
Quashing of the order dated 22.6.2010 passed by the Additional Chief Judicial Magistrate, Pune under Section 156(3) CrPC
Filing Reason
The Magistrate passed the order mechanically without applying judicial mind and without recording satisfaction that the complaint disclosed a cognizable offence
Previous Decisions
The Magistrate passed the impugned order on 22.6.2010 directing police investigation; prior to that, the complainant had filed a written complaint with the police but no cognizance was taken
Issues
Whether the Magistrate's order under Section 156(3) CrPC was passed without application of judicial mind
Submissions/Arguments
The applicants argued that the Magistrate mechanically directed police investigation without recording satisfaction that the complaint disclosed a cognizable offence
Ratio Decidendi
The Magistrate must apply judicial mind and record satisfaction that the complaint discloses a cognizable offence before passing an order under Section 156(3) CrPC directing police investigation. The order cannot be passed mechanically.
Judgment Excerpts
The Applicants challenge the order dated 22.6.2010 passed by the learned Additional Chief Judicial Magistrate, Pune u/s 156(3) of the Code of Criminal Procedure directing the police to investigate the matter pursuant to the complaint filed by Respondent No.1.
Respondent No.1, the original complainant, has filed a complaint against the petitioner accused in the Court of Additional Chief Judicial Magistrate, Pune alleging that the offences of cheating, forgery and conspiracy have been committed by the accused in respect of the execution of the power of attorney, development agreement and conveyance in respect of the land in village Mundwa, District Pune.
Procedural History
Respondent No.1 filed a complaint before the police, but no action was taken. He then filed a complaint before the Magistrate, who passed an order under Section 156(3) CrPC on 22.6.2010 directing police investigation. The applicants challenged this order in the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 156(3)
