Guest post by Ms. Shrinkhla Jain, Assistant Manager-Legal, CJ Darcl Logistics Limited

X goes to the police station to get an F.I.R lodged against her employee Y for Criminal Breach of Trust.

The Station house Officer does not take any action. What are the remedies available with X? 

Should she directly approach High Court Under Section 482, CrPC or its writ jurisdiction?

No, the most proper remedy would be for X to approach the jurisdictional Magistrate with an application u/s 156(3) seeking registration of the FIR. 

Is there any prerequisite to filing a Section 156(3) CrPC application?

Yes, prior to approaching the jurisdictional Magistrate, X should seek redress and approach senior police officers, such as Superintendent of Police/DCP, etc (as per Section 154(3), CrPC/ Section 36, CrPC) (preferably in writing, and keep for her records – proof of having approached the senior officers, such as registered post delivery receipt, email, etc)

It is only once X has exhausted these channels that she can file an application under Section 156(3) CrPC before the Jurisdictional Magistrate. 

Suggested Readings/Sources:

• Sakri Vasu v. State of UP, (2008) 2 SCC 409 
• Sudhir Bhaskar Rao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277 
• Relevant Sections – 36,154,156,173,190,200, CrPC 

*Note: – In case of there being no effective investigation, X can, once again, approach the same Jurisdictional Magistrate requesting the Court to monitor the investigation. The power to monitor investigation, though not expressly provided, has been read-into the power of ordering the investigation, by interpretation and necessary implication.

PS : I am overwhelmed by the amazing response to this series and have received many guest posts. If you believe you understand a legal concept really well, and can explain it succinctly (within 100 words), write to me at contact@bharatchugh.in with the subject line : ‘Law in 100 Words’ and we’d try and carry it here.