Cal HC | Rejection of complaint under S. 156(3) CrPC by Magistrate without taking cognizance under S. 190(1)(a) is an error in law; correct approach explained

Calcutta High Court: Madhumati Mitra, J., allowed a criminal revision application filed against the order of the Magistrate whereby he had rejected the petitioner’s prayer under Section 156(3) CrPC to send the petition of complaint to the officer-in-charge of the police station for treating the same as first information report.

The petitioner had alleged commission of various offences against her in-laws including rape and forceful abortion of her pregnancy. The petitioner claimed that she had written a complaint before the police authorities and also reported the incident to Superintendent of Police but no action was taken by them. As such, she was compelled to file an application under Section 156(3) CrPC for treating the same as an FIR and directing the officer-in-charge of Habra Police Station to cause an investigation into the allegations. The Magistrate directed the officer-in-charge to verify the allegations. The officer-in-charge in the report stated that the petitioner was physically and mentally tortured by her husband and in-laws on several times but there was no evidence of rape and termination of pregnancy of the petitioner by force except her own statement. On the basis of this report, the Magistrate rejected the petitioner’s application. Aggrieved thereby, the petitioner filed the instant revision application.

The High Court gave due consideration to the submissions made by Angshuman Chakroborty, Advocate appearing for the petitioner, and Sayanti Santra, Advocate representing the State.

Not satisfied with the approach adopted by the Magistrate, the Court observed: “The learned Magistrate has committed an error without taking cognizance of the alleged offences under Section 190(1)(a) CrPC at the time of rejecting the prayer of the petitioner under Section 156(3) CrPC.”

It was further explained: “The appropriate course of action of a Magistrate while rejecting a prayer under Section 156(3) CrPC, to take cognizance of the alleged offences under Section 200 CrPC and to examine the complainant and her witnesses to determine as to whether the process should not be issued. Again under Section 202(1) CrPC the Magistrate, instead of issuing process, may direct an investigation to be made by a police officer. An investigation under Section 202(1) CrPC may hold the Magistrate to ascertain whether or not there is substantial ground to proceed further.”

The High Court was of the opinion that the Magistrate committed an error by rejecting the entire petition of the complaint and, therefore, held the impugned order was not sustainable in law. The Magistrate was directed to consider the petitioner’s prayer under Section 156(3) afresh. [Pranati v. State of W.B., 2020 SCC OnLine Cal 132, decided on 21-01-2020]

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