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“The serious allegations have been made against the accused persons by the complainant, from perusal of the documents in this regard, statements of the complainant are found satisfactory. Though an enquiry report has been submitted by the Police Station, Gole Ka Mandir, wherein it has been mentioned during the course of investigation of the complaint, in the statements of the complainant recorded, the complainant has alleged about fabricating and tampering with her rightful documents as also putting pressure upon her as well as creating illegal compulsion upon the complainant by the accused persons Indi Bora, Payal Das, Vivek Pandey, Col. Janak Singh Shekhawat and Dilip Dureha, due to getting leave as also touching with bad intention by accused Dilip Dureha previously lodging a complaint in the Police Station, Gola Ka Mandir against the aforesaid accused persons and the Writ Petition No. 5625/2020, stated to be pending before the Hon’ble High Court. In the status report, it has also been mentioned that previously itself, a complaint was lodged by the complainant in the Police Station Gola Ka Mandir in the aforesaid regard, which was investigated by the Sub Inspector, Rashmi Bhadoria. During the course of investigation, statements of the complainant and the accused were recorded, wherein from the entire investigation, departmental proceedings against the complainant due departmental deficiencies, and occurrence of any incident or offence were not found. In the case, merely on the basis of the evidences collected through the court, the case may be adjudicated. From the facts stated by the complainant in the complaint, prima facie, occurrence of the offence by the accused persons are shown. In this regard, it is possible that the case can be decided without collecting the evidences from the police. In these circumstances, it does not appear just and proper to act upon the case filed on behalf of the complainant under section 156(3) Cr.P.C., The complaint filed on behalf of the complainant under section 156(3) Cr.P.C. will be treated as complaint case and if so desired, the complainant may present her statements against the accused persons under sections 200 and 202 Cr.P.C. Thereafter, registration will be considered.

19. Second, we deal with the issue of the discretion granted to a Magistrate vis-a-vis the exercise of powers under Section 156(3) CrPC. On this issue, the High Court has held that the JMFC was not under an obligation to direct the police to register the FIR and the use of the expression “may” in Section 156(3) CrPC indicated that the JMFC had the discretion to direct the complainant to examine witnesses under Sections 200 and 202 CrPC, instead of directing an investigation under Section 156(3).

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13. The same view was taken by this Court in Dilawar Singh v. State of Delhi3 (JT vide para 17). We would further clarify that even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate under Section 156(3) CrPC, and if the Magistrate is satisfied he can order a proper investigation and take other suitable steps and pass such order(s) as he thinks necessary for ensuring a proper investigation. All these powers a Magistrate enjoys under Section 156(3) CrPC.

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15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII CrPC. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same.

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17. In our opinion Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) CrPC, though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.