Police report u/s 156(3) or s 202 recurring issue

827 votes

yes judge can accept police report submitted under section 202 in an investigation under 156 3 . same judge that approve 156 3 can accept report under 202. there is no bar which prohibs acceptance of such a report

Advocate Kunal Seth LawRato

709 votes

The law on it is still unclear. the same would depend on the timeline and facts of the case at hand. In any case, if there is no application of mind, you will have remedy before ASJ(in revision) and also right to approach HC to get the order/summons quashed. Seek legal consultation on the subject.

Advocate Anunay Sahay LawRato

632 votes

Legal Position 1. Once the Magistrate has ordered investigation under Section 156(3) CrPC, the police must investigate and submit a report under Section 173 CrPC. 2. Police cannot themselves convert the 156(3) investigation into a Section 202 inquiry. Any change in procedure must be by a judicial order of the Magistrate. 3. Section 202 is a separate stage, generally after cognizance, for deciding whether process should be issued. I would advise filing an application before the same Magistrate stating: the original complaint was filed as a private complaint; the complainant subsequently sought investigation under Section 156(3) CrPC; the Magistrate allowed the application and directed police investigation; the police have now submitted their report; the complainant does not wish to make any false or fabricated statement/evidence; therefore, the Court may take the police report on record and determine the appropriate course strictly in accordance with law; the police should not be permitted to mechanically convert a Section 156(3) investigation into a Section 202 inquiry without a judicial order. If the police report is negative/closure in nature, the Magistrate should deal with it judicially. The complainant can support the report, oppose it, or, depending upon the procedural posture, pursue the complaint independently. The police cannot unilaterally switch a Section 156(3) investigation into Section 202. The Magistrate must decide the appropriate course by a judicial order. At the pre-cognizance stage, when the Magistrate is considering a Section 156(3) application, the proposed accused generally does not have a right of hearing before the Magistrate before the FIR/investigation direction. The Supreme Court has reiterated that the accused has no right to appear before the Magistrate before summons are issued.

Advocate Jayatee Chatterjee LawRato

500 votes

Yes. There is no legal bar on the same Magistrate who passed an order under Section 156(3) Cr.P.C. subsequently considering the police report filed pursuant to that order. The Magistrate can take the report on record and proceed in accordance with law. However, the Magistrate must independently apply judicial mind to the police report and cannot mechanically accept it. If a closure/final report is filed, the complainant can file a protest petition and the Magistrate can consider the protest along with the investigation material.

Advocate Kawaljit Singh Bhatia LawRato

757 votes

A Magistrate who has already allowed an application under Section 156(3) CrPC and directed police investigation does not ordinarily “switch” the investigation from Section 156(3) to Section 202 CrPC. Section 156(3) operates at the pre-cognizance stage, whereas Section 202 applies after the Magistrate has taken cognizance of a complaint and postponed issuance of process for the purpose of inquiry/investigation. Once police submit their report after investigation under Section 156(3), the Magistrate may accept the report, disagree with it and take cognizance if the materials disclose an offence, direct further investigation where legally permissible, or proceed on a protest petition/complaint. The police themselves cannot convert an order passed under Section 156(3) into a Section 202 proceeding. Therefore, the same Magistrate can consider the police report and proceed in accordance with law, but cannot mechanically change the nature of the original investigation merely by calling it an inquiry under Section 202. The exact remedy will depend upon whether the police report is a charge-sheet or closure/final report and the nature of the Magistrate's subsequent order.

Advocate Yuganshu Sharma LawRato