Can accused in FIR file 156(3) CRPC against police for improper investigation?

[Anonymous]

Can an Accuse Named in the FIR also Allowed to file an application under Section 156(3) of Criminal Procedure Code before the Magistrate against the police IO for improper Investigations against him?

Please Clarify

[Dr. Ashok Dhamija]

Section 156(3) of the Criminal Procedure Code gives power to the Magistrate to order investigation by police in a matter where a cognizable offence has taken place.

So, if any cognizable offence has been committed by the police officer conducting investigation (while doing improper investigation, as mentioned by you), and if the police is not registering FIR in such matter, then the accused can also approach the Magistrate court for directing investigation / FIR against the investigating officer for that offence.

So, remember, firstly that any person (including even an accused person) aggrieved by non-registration of FIR by police in a cognizable offence can approach the Magistrate under Section 156(3) of the Cr.P.C. Secondly, merely improper investigation is not sufficient, there must have been some cognizable offence committed by the investigating police officer, then only you can approach the Magistrate for ordering FIR / investigation against that officer.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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