Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

Section 156(3) Cr.P.C. Investigation at Pre-Cognizance Stage Justified: Gauhati High Court Upholds Magistrate’s Discretion in Bigamy Case

07 May 2024 8:19 AM

By: Admin


The Gauhati High Court has upheld the Magistrate’s decision to direct a police investigation under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) in a case involving charges of bigamy, obscene acts, criminal intimidation, and criminal trespass. The petitioner, Ishan Saikia, sought to quash the FIR and charge-sheet, citing procedural lapses. However, the court affirmed the lower court’s action, emphasizing the appropriateness of initiating an investigation at the pre-cognizance stage.

Background: The case originated when the complainant, identified as the wife of the petitioner, filed a complaint alleging that Ishan Saikia had contracted a second marriage without dissolving the first. This led to the registration of Nagaon, Sadar PS Case No. 1374/2019 under Sections 494, 294, 506, and 447 of the Indian Penal Code (IPC). The Sub-Divisional Judicial Magistrate (SDJM), Nagaon, invoked Section 156(3) Cr.P.C., directing the Officer-in-Charge (OC) of Nagaon PS to investigate the matter. Following the police investigation, a charge-sheet was filed, which the petitioner subsequently sought to quash.

Court Observations and Views:

Magistrate’s Discretion under Section 156(3) Cr.P.C.: The court extensively discussed the scope and application of Section 156(3) Cr.P.C., clarifying the conditions under which a Magistrate can direct a police investigation. “The Magistrate is empowered to order an investigation at the pre-cognizance stage and is not obligated to take cognizance immediately upon receiving a complaint,” the judgment noted. This underscores the judicial discretion granted to Magistrates in such matters.

Application of Judicial Mind: The court observed that the Magistrate must apply judicial mind to the allegations before issuing any directives. In this case, the Magistrate’s order for investigation did not indicate judicial cognizance of the offense but was a preliminary step to ascertain the veracity of the complaint. The bench remarked, “The order u/s 156(3) of the Code is in the nature of an administrative order directing the police to exercise their powers to investigate a cognizable offense.”

Precedents and Judicial Interpretation: The judgment referenced key Supreme Court and High Court precedents, including the cases of Priyanka Srivastava vs. State of UP and Panchabhai Popatbhai Butani vs. State of Maharashtra. These cases highlight that while Sections 154(1) and 154(3) Cr.P.C. provisions are typically prerequisites, exceptions can be made where direct Magistrate intervention is justified. “The dictum of law is not free from exception because there can be cases when non-compliance of the provisions of Section 154(3) would not divest the Magistrate of his jurisdiction in terms of Sec. 156(3),” the court stated.

Justice Malasri Nandi emphasized, “The power to direct investigation by police u/s 156(3) is to be exercised before taking cognizance of the offense disclosed in the complaint. This administrative direction does not equate to judicial cognizance of the offense.”

Decision: The Gauhati High Court’s dismissal of the petition reinforces the judiciary’s discretion in ordering investigations under Section 156(3) Cr.P.C. at the pre-cognizance stage. By upholding the Magistrate’s order, the court affirmed the procedural appropriateness and necessity of police investigations in establishing the facts of a complaint. This decision is likely to impact future cases by clarifying the judicial framework surrounding pre-cognizance investigations.

Date of Decision: 20th May 2024

ISHAN SAIKIA vs. THE STATE OF ASSAM AND ANR.

Latest Legal News