Calcutta High Court has directed Judicial Magistrates of the State to ensure that order for investigation U/S 156(3) CrPC reaches concerned Police stations forthwith, without delay, to avoid inordinate in starting police investigation.
Justices Sankar Acharyya and Aniruddha Bose made this observation while dismissing acriminal appeal filed by a person convicted for rape.
The bench observed “At the very outset we feel it necessary for administration of criminal justice system in the State and to prevent abuse of process of Courts by exercise of our power under Article 227 of the Constitution of India and under Section 482 of the CrPC. to point out an irregularity which is apparent in this case. It comes to our notice that the petition of complaint was lodged by PW 1 in Court on 4.11.2006 which was forwarded to O.C. of police station for treating it as FIR under Section (3), CrPC. but it was received at police station on 11.12.2006 which is after one month and one week of lodging the complaint. It is true that no arguments was advanced on this point from either side at the time of hearing this appeal. In our opinion if such practice is not prohibited now the criminal justice system in the State may be seriously affected. Delay will be caused in starting police investigation and vital evidence may disappear by lapse of time which will cause obstruction in unfolding the truth. Since there is no time limit in Section 156 (3),CrPC. for communicating the order for investigation to the officer-in-charge of a police station the inordinate delay caused in this case is called as irregular instead of illegal. Such irregularity is curable and requires to be cured in general by judicial pronouncement in the interest of justice. Therefore, we are inclined to give direction upon all the judicial Magistrates of the State for their remaining vigilant so that in each case where a petition of complaint is treated as FIR passing order for police investigation under Section 156 (3), CrPC. must reach at the concerned police station forthwith.”
Read the Judgment here.