Delhi High Court: Mere Allegation of Crime Insufficient for Investigation under CrPC 156(3)

 

Summary:

The Delhi High Court ruled that police investigation under Section 156(3) of the Criminal Procedure Code (CrPC) cannot be directed solely based on allegations of a cognizable offense. This power aims to:

• Prevent the police from arbitrarily refusing investigations in legitimate cases.
• Prevent frivolous complaints leading to unnecessary investigations.

Key Points:

• Case Background: A property dispute involved allegations of forged documents (will and GPA) used for property mutation. Petitioners sought an FIR (First Information Report) against the respondent.
• Lower Court Decision: The lower court ordered FIR registration.
• High Court Observation: The High Court disagreed, stating that merely alleging a crime is insufficient for Section 156(3) direction if the information:
  • Lacks credibility.
  • Lacks supporting documentary evidence.
• Court's Reasoning:
  • Delayed reporting of the offense can raise questions about the allegation's genuineness.
  • Pending civil proceedings between parties might need consideration.
  • Notarization of documents post-license expiry makes the process irregular but doesn't automatically imply forgery unless further evidence exists.
• Court's Decision: The petition was dismissed as the documents were duly registered, and the delay in reporting raised doubts about the claim's legitimacy.

Case Details:

• Case Name: Dharambir Singh & Anr. vs. State & Anr.
• Case Number: CRL.M.C. 155/2021, CRL.M.A. 791/2021
• Judge: Hon'ble Mr. Justice Anoop Kumar Mendiratta
• Petitioners' Advocate: Adv. Mr. Amit Chauhan
• Respondents' Advocates: Advs. Mr. Ajay Vikram Singh, Mr. Vikramajeet Singh

Takeaway:

This case emphasizes the importance of providing credible evidence and avoiding unnecessary delays when reporting alleged crimes. Additionally, it clarifies that technical irregularities in document processes do not automatically imply criminal intent.