Precaution to be taken by Magistrate while directing registration of FIR against public servant

In Anil Kumar v. M.K. Aiyappa[3], the two-Judge Bench had to say this:

"The scope of Section 156(3) CrPC came up for consideration before this Court in several cases. This Court in Maksud Saiyed [(2008) 5 SCC 668] examined the requirement of the application of mind by the Magistrate before exercising jurisdiction under Section 156(3) and held that where jurisdiction is exercised on a complaint filed in terms of Section 156(3) or Section 200 CrPC, the Magistrate is required to apply his mind, in such a case, the Special Judge/Magistrate cannot refer the matter under Section 156(3) against a public servant without a valid sanction order. The application of mind by the Magistrate should be reflected in the order. The mere statement that he has gone through the complaint, documents and heard the complainant, as such, as reflected in the order, will not be sufficient. After going through the complaint, documents and hearing the complainant, what weighed with the Magistrate to order investigation under Section 156(3) CrPC, should be reflected in the order, though a detailed expression of his views is neither required nor warranted. We have already extracted the order passed by the learned Special Judge which, in our view, has stated no reasons for ordering investigation."

Supreme Court of India

Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015

Bench: Dipak Misra, Prafulla C. Pant

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When court can grant police custody remand?

Conditions for grant of police custody remand

1) There are strong and reasonable grounds for believing that accusation or information against accused is well founded.

2)Detention of accused in police custody is necessary.

3) To ensure the continuity,speed and swiftness of investigation immediately after commission of offence or registration of crime under reference.

4)To secure invaluable piece of incriminating material  or get clues of crime.

5) To secure incriminating material from information likely to be received from offender himself.

6)To recover some incriminating property from accused.

7) To find out whether there are other conspirators along with accused who have taken part in the crime.

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