You go to the police. They refuse to register your FIR. You file an application before the Magistrate under Section 156(3) CrPC asking the Magistrate to direct the police to register the FIR. The Magistrate rejects your application. Are you now completely without a remedy — stuck with police refusal that has been, in effect, endorsed by the Magistrate? The Hon'ble Supreme Court has answered clearly: no. The police retain their independent statutory duty and power to register an FIR — and a Magistrate's rejection of your Section 156(3) application does not extinguish that power.
What the Court Held
The Court was considering whether an FIR registered by police could be challenged on the ground that the complainant's earlier Section 156(3) application before the Magistrate had been rejected. The accused argued that once the Magistrate had refused to direct the police to register an FIR, the police registering one independently was impermissible.
The Supreme Court rejected this argument entirely. The obligation of the police to register an FIR under Section 154 CrPC (now Section 173 BNSS) is an independent statutory obligation. It does not depend on — and is not extinguished by — a Magistrate's decision on a Section 156(3) application. The two routes are independent.
Understanding Your Routes to FIR Registration
When police refuse to register your FIR, you have three independent routes — any one of which can result in FIR registration:
- Section 154(3) CrPC / Section 173(3) BNSS: Send a written complaint to the Superintendent of Police. The SP can direct registration of the FIR.
- Section 156(3) CrPC / Section 175(3) BNSS: File an application before the Magistrate asking for direction to police to register and investigate. The Magistrate can direct FIR registration.
- Police's own initiative: If police independently receive information about a cognizable offence — whether from you or through any other means — their statutory duty to register an FIR under Section 154 remains.
These routes are independent. A failure or rejection on one route does not block the others.
The rejection of a Section 156(3) application by a Magistrate cannot curtail or extinguish the independent statutory obligation cast upon the police under Section 154 CrPC to register an FIR when a cognizable offence is made out. The Magistrate's rejection order operates within its own sphere — it does not determine the police's separate statutory duty.
What This Means for Complainants
If the Magistrate has rejected your Section 156(3) application: this does not close your case. You can still approach the Superintendent of Police directly in writing. You can also file a complaint petition before the Magistrate under Section 200 CrPC (now Section 223 BNSS) for the Magistrate to take cognizance directly — without directing police investigation.
If the police register an FIR after a Magistrate rejected your 156(3) application: the accused cannot challenge the FIR on this ground. The police's power to register is independent of the Magistrate's decision.
The High Court writ jurisdiction remains available at any stage — if all other routes fail, a writ petition before the Rajasthan High Court under Article 226 can direct the police to register the FIR and conduct investigation.
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