Magistrate Can't Direct Superior Officer Like DCP To Register FIR Under Section 156(3) Of CrPC: Delhi High Court

Post By 24law
February 12, 2025

Pranav B Prem

In a significant ruling, the Delhi High Court has clarified that a Magistrate has no power to direct a superior officer, such as a Deputy Commissioner of Police (DCP), to register an FIR under Section 156(3) of the Code of Criminal Procedure (CrPC). The Court held that the statutory mandate allows the Magistrate to direct only the officer in charge of a police station to conduct an investigation, not an officer of a higher rank.

Justice Chandra Dhari Singh, while dismissing the petitions filed by Harmeet Singh against a Sessions Court order, stated: “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.”

Background of the Case

The case arose from a complaint filed by Harmeet Singh against several individuals and police officials, alleging that bank officials had illegally taken possession of his property. Singh had moved an application under Section 156(3) of CrPC before the Metropolitan Magistrate (MM), seeking a direction to the DCP (East) for the registration of an FIR and investigation by the District Investigation Unit (DIU). The MM granted the request and directed the DCP to register an FIR. The Sessions Court, however, set aside the MM’s order on the grounds that it was contrary to the mandate of Section 156(3) CrPC, as the Magistrate could not issue directions to a superior officer. This led to Singh filing the present petition before the High Court.

Observations of the High Court

The High Court upheld the Sessions Court’s decision, stating that the Magistrate had erred in directing the DCP to register an FIR. The Court referred to CBI v. State of Rajasthan, (2001) 3 SCC 333, where the Supreme Court held: “When a Magistrate orders investigation under Section 156(3), he can only direct an officer in charge of a police station to conduct such investigation and not a superior police officer, though such officer can exercise such powers by virtue of Section 36 of the Code.” The Court also emphasized that the proper course of action for the Magistrate was to either dismiss the complaint or proceed under Section 200 CrPC by recording statements of the complainant and witnesses. It observed: “It is observed that the learned MM has alternate remedies to proceed with the instant matter, especially given the peculiar facts of the case. However, the learned MM erroneously proceeded to dispose of the application by directing the concerned DCP to register an FIR against the accused and handover the investigation to the DIU.”

Attempt to Pressurize Police

The High Court found that Singh’s complaint under Section 156(3) CrPC appeared to be an attempt to pressurize police officials. The Court noted: “It is observed that the filing of criminal complaint by way of application under Section 156(3) of CrPC by Singh was nothing but an attempt to pressurize the concerned police officials to take requisite action.” The Court also remarked that the MM’s direction contradicted the settled legal position, reiterating: “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.”

Dismissing the petition, the High Court reaffirmed that a Magistrate can only direct the officer in charge of a police station to conduct an investigation under Section 156(3) CrPC and not a superior officer like the DCP.