Apex Court Consider : Can An Application U/S 156(3) Cr.P.Code Filed After Failing In Civil Proceedings?

The Apex Court has issued notice in a Special Leave Petition that raises the question of whether, after failing to obtain the desired relief in a civil suit, a person can invoke Section 156(3) of the Code of Criminal Procedure. 

In addition to issuing the notice, the bench of Justices Surya Kant and J.B. Pardiwala stayed further proceedings in the FIR lodged against the accused. Following an order issued by the Magistrate under Section 156(3) CrP.Code, a FIR was registered against the accused under Sections 323/ 384/406/ 423/ 467/468/ 420/120B of the Indian Penal Code. 

The accused contended before the Calcutta High Court that the allegations made in the application under Section 156(3) CrP.Code did not establish any crime against them. 

It was claimed that a frustrated unsuccessful Civil Court litigant approached the Criminal Court, and that the Criminal Investigation that has begun is intended to throttle them. 

The High Court dismissed the petition, observing that the materials already collected by the Investigating Agency, on the surface, establish a case for investigation. The court held that whether the same would constitute an offence after the investigation is completed is entirely at the end of the investigation to be examined. 

One of the accused appealed the order to the Supreme Court. It was argued that the dispute is primarily of a civil nature, for which the applicant filed a civil suit, but after failing to obtain the desired relief, he invoked Section 156(3) CrP.Code.