Under Section 156(3), a Magistrate may order investigation into an offence by the police when no complaint has been made to him but he has information about a cognizable case. Section 156(3) enables a Magistrate to order the investigation of an offence of which he may have taken cognizance under Section 190. The legal considerations that appear in this aspect are:
(1) A Magistrate can order investigation under Section 156(3) only at the pre-cognizance stage i.e., before taking cognizance under Sections 190, 200, and 204 and where a Magistrate decides to take cognizance under the provisions of Chapter XIV he is not entitled by law to order any investigation under Section 156(3), though in cases not, falling within the proviso to Section 202, he can order an investigation by the police which would be in the nature of an inquiry as contemplated by Section 202.
(2) In case the Magistrate after considering the statement of the complainant and the witnesses or as a result of the investigation and the inquiry ordered, is not satisfied, that there are sufficient grounds for proceeding, he can dismiss the complaint.
(3) Where a Magistrate orders investigation by the police before taking cognizance under Section 156(3) and receives the report thereupon, he can act on the report and discharge the accused or straightaway issue the process against the accused or apply his mind to complaint filed before him and take action under Section 190. If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.
