The Magistrate is bound to order the registration of FIR when application u/s 156(3) itself disclose cognizable offence- Allahabad High Court

The Magistrate is bound to order the registration of FIR when application u/s 156(3) itself disclose cognizable offence. Criminal Procedure Code, 1973 Section 156(3) Duty of Magistrate to register FIR - Cognizable Offence - From the report itself it is clear some incident took place and what was that incident it was not to be inquired by the police at the stage of pre-cognizance as the application under Section 156 (3) Cr.P.C, 1973 itself discloses the commission of cognizable offence - Thus, on the basis of judgement in Lalita Kumari it was incumbent the Magistrate concerned to order the registration of upon first information report the as application it self disclosed the commission of cognizable offence and in that situation no preliminary inquiry was permissible.

(LMSLMFD1925726)