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Can Section 156(3) CrPC Be Invoked After Failing To Get Desired Relief In A Civil Suit? Supreme Court Issues Notice In An SLP

3 July 2022 5:02 AM GMT
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The Supreme Court has issued notice in a Special Leave Petition which raises an issue whether in a dispute essentially of civil nature, can a person, after having failed to get the desired relief from a civil suit, invoke Section 156(3) of the Code of Criminal Procedure ?

In this case, an FIR was registered against the accused under Sections 323/ 384/406/ 423/ 467/468/ 420/120B of the Indian Penal Code following an order passed by the Magistrate under Section 156(3) CrPC.

Before the Calcutta High Court, the accused contended that the allegations made in the application under Section 156(3) CrPC fails to make out any offence against them. It was submitted that a frustrated unsuccessful litigant before the Civil Court has approached the Criminal Court and the Criminal Investigation, which has commenced, is for the purposes of throttling them. The High Court dismissed the petition observing that the materials which have already been collected by the Investigating Agency, prima facie, make out a case for investigation. Whether the same would make out an offence after the investigation is concluded is absolutely at the end of the investigation to be analysed, the court held.

Challenging this order, one of the accused approached the Apex Court. It was submitted that the dispute is essentially of civil nature, for which the applicant in Section 156(3) CrPC petition filed a civil suit but having failed to get the desired relief, he invoked Section 156(3) CrPC.

While issuing notice, the bench comprising Justices Surya Kant and JB Pardiwala also stayed further proceedings in FIR lodged against the accused.

Case : Usha Chakraborty vs State of West Bengal | SLP (Crl) 5866/2022

Click here to Read/Download Order

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