Supreme Court’s Ruling on Trial Court Procedures

The Supreme Court has issued a significant ruling regarding the process of initiating police investigations for cognisable offences. According to the court, trial courts are not the appropriate first point of contact for complaints seeking police investigations. This decision emphasizes the need for individuals to follow a specific procedure before involving the judiciary in such matters.

Initial Steps Before Approaching the Court

The ruling outlines that individuals must first attempt to register a First Information Report (FIR) with the jurisdictional police. This step is crucial as it allows the police to conduct preliminary investigations and determine the validity of the complaint. Only if this step fails should individuals consider further legal action.

Role of Magistrates in Directing Complainants

Magistrates play a pivotal role in guiding complainants through the correct procedural channels. The Supreme Court has advised magistrates to direct informants to approach the officer-in-charge of the relevant police station initially. If this does not yield results, the next step is to contact the Superintendent of Police.

Application Under Section 156(3) of CrPC

The court’s decision also highlights the conditions under which applications under Section 156(3) of the Criminal Procedure Code (CrPC) can be considered. This section allows magistrates to order an investigation by the police, but only after ensuring that all preliminary steps have been exhausted by the complainant.

Implications of the Ruling

This ruling aims to streamline the process of filing complaints and ensure that judicial resources are utilized efficiently. By mandating that individuals first seek police intervention, the Supreme Court seeks to reduce unnecessary burdens on trial courts and promote a more organized approach to handling cognisable offences.