Supreme Court: Magistrate’s Order U/S. 156(3) CrPC For registration of FIR is Not Vitiated Merely Because Complainant Didn’t Avail Remedy Under S.154(3)
In the facts and circumstances of the case, as the informant
had directly moved the Magistrate under Section 156(3) of
the CrPC without exhausting his statutory remedies, the
Magistrate could have avoided taking action on the said
application and could have refused to direct for the
registration of the FIR. However, as entertaining an
application directly by the Magistrate is a mere procedural
irregularity and since the Magistrate in a given
circumstance is otherwise empowered to pass such an
order, the action of the Magistrate may not be illegal or
without jurisdiction. {Para 32}
- To sum up, the Magistrate ought not to ordinarily entertain
an application under Section 156(3) CrPC directly unless
the informant has availed and exhausted his remedies
provided under Section 154(3) CrPC, but as the Magistrate
is otherwise competent under Section 156(3) CrPC to direct
the registration of an FIR if the allegations in the
application/complaint discloses the commission of a
cognizable offence, we are of the opinion that the order so
passed by the Magistrate would not be without jurisdiction
and would not stand vitiated on this count.
REPORTABLE
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO.18084 OF 2024
ANURAG BHATNAGAR & ANR. Vs STATE (NCT OF DELHI) & ANR.
Author: PANKAJ MITHAL, J.
Citation: 2025 INSC 895.
Dated: JULY 25, 2025