Can Section 156(3) CRPC Suitable for the Desired Consequences?
Can a person employ Section 156(3) of the Cr.P.C. in a dispute that is fundamental of a civil nature after failing to get the desired remedy through a civil suit? The Supreme Court has given notice in a Special Leave Petition that addresses this issue [Usha Chakraborty vs State of West Bengal]
Following a Magistrate’s decision under Section 156(3) CrPC, an FIR was filed in this matter against the accused under Sections 323, 384, 406, 423, 467, 468, 420, and 120B of the Indian Penal Code.
The accused argued before the Calcutta HC that the claims stated in the application under Section 156(3) CrPC do not establish any offense against them. According to a claim made, a furious civil court litigant who lost their case contacted the criminal court, and the criminal investigation, which has already started, is intended to strangle them. The High Court denied the petition, noting that the evidence previously gathered by the Investigating Agency supported an inquiry at least on the surface. The court ruled that it must be determined after the inquiry if the same would constitute an offense.
One of the defendants went to the Apex Court to protest this ruling. It was argued that the conflict is primarily civil petitioner under Section 156(3) CrPC brought a civil suit but afterward claimed Section 156(3) CrPC after failing to obtain the desired remedy.
The bench made up of Justices Surya Kant and JB Pardiwala issued a notice while also delaying further action in the FIR filed against the accused.