"Can Accused Avail Remedy Of Section 156(3) CrPC To Raise Grievance Of Improper/Delayed Investigation?": MP High Court To Decide

The Madhya Pradesh High Court has sought the assistance of the Bar and had invited every Member of the Bar to address the Court on the issue as to whether the remedy under Section 156(3) CrPC so far as it relates to the grievance of improper/ delayed investigation can be availed by accused or not.

The Bench of Justice Sheel Nagu and Justice Anand Pathak has directed the Principal Registrar of the Court to publish the order on the notice Board of the Bar Association and communicate the same to the Office-bearers of the Bar Association so that as and when the hearing takes place after the resumption of the physical hearing, the matter can be properly adjudicated

Noting that there is an authoritative decision on the said point and, therefore, the Court sought the assistance of the Bar and invite every member of the Bar to address this Court on the said issue.

It may be noted that Sub-section (3), of Section 156, provides for any Magistrate, empowered under Section 190, to order an investigation.

It may be noted that Ii a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) CrPC or other police officer referred to in Section 36 CrPC.

If, despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) CrPC.

If an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending a change of investigating officer, so that a proper investigation is done in the matter [Sudhir Bhaskar Rao Tambe v. Hemant Yashwant Dhage and Ors - (2016) 6 SCC 277]

It may be noted that a three-judge bench of the Supreme Court in 2019 overruled a 43-year-old precedent and held that Magistrate can invoke the power under section 156(3) of the Code of Criminal Procedure even at the post-cognizance stage [Vinubhai Haribhai Malaviya and Ors. v. The State of Gujarat and Anr].

Case title - Kishanvihari Sharma @ Satya Vs The State Of Madhya Pradesh And Others

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