TMI Blog2020 (12) TMI 380X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint cannot be sent by exercising jurisdiction under Section 156(3) of the Code of Criminal Procedure for registering an FIR. This exercise of power requires application of mind. The Hon'ble Supreme Court further has held that there should be prior application of Section 154(1) and 154(3) of the Code of Criminal Procedure while filing a petition under Section 156(3) of the Code of Criminal Procedure. In the instant case, the provisions of law have not been followed by the Magistrate. In a most mechanical manner, without application of mind the Magistrate has referred the complaint under Section 156(3) of the Code of Criminal Procedure for registering a First Information Report. There is no compliance of Section 154(1) and Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Code of Criminal Procedure for registering a First Information Report. Counsel for the petitioners submits that registering of the First Information Report in terms of Section 156(3) of the Code of Criminal Procedure is absolutely bad, as the complaint is not on affidavit. Counsel for the petitioners refers to the judgment of the Hon'ble Supreme Court, in the case of Priyanka Srivastava Another versus the State of Uttar Pradesh Others reported in (2015) 6 SCC 287 in support of his contention. He further submits that the order under Section 156(3) of the Code of Criminal Procedure passed by the Court below is a one line order, which is reflected in the first page of the complaint petition. He submits that the police, thereafter, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Negotiable Instruments Act. The said complaint was registered as C/1 Case No.2931 of 2014. On the first page of the said complaint, the Court below endorsed for registering a First Information Report under Section 156(3) of the Code of Criminal Procedure on 26.07.2014. The endorsement is as follows: - 156(3) Cr.P.C. 5. This is the only material, which has been mentioned by the Magistrate and on that basis, matter was sent to the Police Station and the First Information Report was registered. Further, when I go through the complaint, I find that the same is not on affidavit. Merely a certificate has been given by the lawyer that no previous complaint has been filed on the same issue. 6. The Hon'ble Supreme Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under Section 156(3) of the Code of Criminal Procedure. Thus, the order of the Court passed under Section 156(3) of the Code of Criminal Procedure is absolutely bad and is hereby set aside. All the consequential acts including that of order taking cognizance dated 28.04.2016 and the chargesheet are also bad and are set aside. The order taking cognizance and issuing summons is also a non-speaking one, bad and unsustainable in view of the judgment passed by this Court in the case of Amresh Kumar Dhiraj and Others versus State of Jharkhand Another reported in 2020 (1) JLJR 199 (Jhr.). 7. Thus, while setting aside the aforesaid orders, I direct the Court below to proceed with the complaint case being C/1 Case No.2931 of 2014 in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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