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As earlier order passed by the learned ACJM in criminal case not to initiate proceeding under Section 156(3) of the CrPC has attained finality. Then, respondent No.2 has adopted short- cut method and got registered the impugned FIR before the police authority. It is needless to say that earlier on the same ground, LCB, Jamnagar came to conclusion that no offence is made out though once again the impugned FIR is registered with the police station. It is not pertinent to note that learned Magistrate has not passed any order to pass any order under Section 156(3) of the CrPC. In the case of Mona Panwar vs. High Court of Judicature at Allahabad & Ors. reported in (2011)3 SCC 496, the Hon'ble Apex Court has been pleased to hold that when a complaint is presented before the Magistrate, he has two options, (i) to pass an order contemplated under Section 156(3) of the CrPC and (ii) to direct examination of the complainant on oath and other witnesses present and proceed further in a manner provided under Section 202 of the CrPC. The order under Section 156(3) of the CrPC is in the nature of peremptory reminder to the police to exercise the power of investigation under Section 156(1) of the CrPC. If the Magistrate wants investigation, it falls under Section 202 of the CrPC. The purpose is to ascertain whether there is a prima facie case against the accused of the offence and to prevent the issue of process in a false and vexatious complaint intended to harass the person named in the complaint. Such examination is provided to fine out NEUTRAL CITATION R/CR.MA/256/2022 CAV ORDER DATED: 12/04/2024 undefined whether or not there is sufficient ground for proceeding further.

Further, if a person has a grievance that FIR has not been registered by the police or having been registered but proper investigation is not being done then the remedy of aggrieved person is to file an application under Section 154(3) of the CrPC before the Superintendent of Police or to approach the concerned Magistrate under Section 156(3) of the CrPC. If such an application under Section 156(3) of the CrPC is made and the Magistrate is prima facie satisfied, he can direct the FIR to be registered or if it has already been registered, he can direct proper investigation to be done which includes in his discretion. If he deems it necessary recommending the change of Investigating Officer so that a proper investigation is done. These are the objects and the scheme of CrPC. In this regard, reference is required to be made to the decision of the Hon'ble Apex Court in the case of M. Subramaniam and Anr. vs. S. Janaki and Anr. reported in (2020) 16 SCC 728.

[9.2] Thus, powers and scope under Section 156(3) of the CrPC have been elaborately discussed by the Hon'ble Supreme Court in the cases of (i) Priyanka Srivastava and Another vs. State of Uttar Pradesh and Others reported in (2015)6 SCC 287; (ii) Ramdev Food Products Private Limited vs. State of Gujarat reported in (2015)6 SCC 439; (iii) Anil Kumar vs. M.K. Aiyappa reported in (2013)10 SCC 705 and (iv) Kailash Vijayvargiya vs. Rajlakshmi Chaudhuri reported in 2023 SCC OnLine 569 and in light of the decision of the Hon'ble Supreme Court in the case of NEUTRAL CITATION R/CR.MA/256/2022 CAV ORDER DATED: 12/04/2024 undefined Lalita Kumari (Supra) discussed the powers of the learned Magistrate. Going through the aforesaid authorities, it appears that it is well settled principle that the powers under Section 156(3) of the CrPC cannot be exercised mechanically but are required to be exercised judiciously. At the time of passing an order under Section 156(3) of the CrPC, the Magistrate is not required to embark upon an in-depth roving inquiry as to the reliability or genuineness of the allegations. However, the learned Magistrate is duty bound to consider as to whether or not during the inquiry it clearly reveals that the cognizable offence is disclosed. While exercising the powers under Section 156(3) of the CrPC directing registration of FIR, the learned Magistrate need to ensure that the cognizable offence is made out.

[9.6] Even, the same issue as to whether FIR can be lodged after NEUTRAL CITATION R/CR.MA/256/2022 CAV ORDER DATED: 12/04/2024 undefined the rejection of application seeking investigation under Section 156(3) of the CrPC is dealt with by Uttarakhand High Court in the case of Lt. Colonel (Retd.) Balraj Singh Lamba & Anr. (Supra) wherein the Uttarakhand High Court come to the conclusion that after rejection of such prayer under Section 156(3) of the CrPC, if the police authority has registered the complaint and investigated the same then it is nothing but amounts to nullify an order of passed by the learned Magistrate, which is not permissible and such proceeding came to be quashed by the Uttarakhand High Court. Respondent No.2 has also assailed the order passed by the learned ACJM rejecting application seeking investigation under Section 156(3) of the CrPC and got the FIR registered and thus, the order passed by the learned ACJM is made redundant in deceitful manner which cannot be permitted to continue to nullify the order passed by the competent learned ACJM.