1. Lalita Kumari v. Government of Uttar Pradesh [(2014) 2 SCC 1]
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Key Holding:
o The Supreme Court held that registration of an FIR is mandatory under
Section 154 CrPC if the information discloses a cognizable offense.
o Section 156(3) can be invoked when the police fail to register an FIR despite
receiving sufficient information about a cognizable offense.
Relevance: It clarified that if a police officer fails to act under Section 154, the
complainant may approach the magistrate under Section 156(3).
2. Sakiri Vasu v. State of Uttar Pradesh [(2008) 2 SCC 409]
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Key Holding:
o The magistrate under Section 156(3) has the power to monitor investigations
to ensure fairness.
o Before approaching the magistrate, the complainant should exhaust the
remedy of approaching higher police officers (e.g., SP under Section 154(3)).
Relevance: This case emphasized that Section 156(3) is a discretionary power and not
an automatic right.
3. Priyanka Srivastava v. State of Uttar Pradesh [(2015) 6 SCC 287]
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Key Holding:
o The complainant must file an affidavit affirming the truthfulness of the
allegations when approaching the magistrate under Section 156(3).
o Section 156(3) should not be misused for frivolous complaints.
Relevance: It established safeguards to prevent abuse of the provision.
4. Dilawar Singh v. State of Delhi [(2007) 12 SCC 641]
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Key Holding:
o The Supreme Court held that the magistrate cannot directly interfere with the
investigation conducted under Section 156(3), but they can monitor it.
Relevance: This case emphasized the magistrate's role as a supervisory authority
rather than as an investigative body.
5. Aleque Padamsee v. Union of India [(2007) 6 SCC 171]
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Key Holding:
o The Supreme Court clarified that a magistrate cannot compel the police to file
a charge sheet. The magistrate can only direct investigation and ensure that an
FIR is registered.
Relevance: This highlighted the limits of the magistrate's powers under Section
156(3).
6. Subhkaran Luhar v. State of Maharashtra [2004 Cri LJ 3392]
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Key Holding:
o Section 156(3) empowers the magistrate to order investigation even if the
complaint itself is sent to the magistrate instead of being directly registered as
an FIR.
Relevance: This case confirmed the flexibility of Section 156(3).
Summary of Principles:
1. Mandatory Registration: Police must register an FIR if a cognizable offense is
disclosed.
2. Exhaust Remedies: Before invoking Section 156(3), remedies like approaching
higher police officials should be exhausted.
3. Affidavit Requirement: A complainant must support their application with an
affidavit to prevent frivolous complaints.
4. Supervisory Role: Magistrates can supervise the investigation but cannot take over
the police's investigative role.