FIR can be registered by the police on the direction of the Magistrate under section 156(3) of Crpc. When sufficient reason has been established or material on records refers to a strong probability that the offence has been committed by the suspected accused.
Madras High court has recently held that the order of the magistrate to the Police to register an FIR can not be rejected merely because there is no prima facie reason existing or material proof is not sufficient to initiate the criminal proceeding against the accused.
Justice RN Manjula has held that when there is no valid proof presented or order given by the magistrate to register an FIR is a mechanical one without recording the valid reason. Registered FIR by police can be quashed.
A complaint has been filed by the woman against his boss for sexually harassing her in her office and sending sexually coloured remarks in her personal message.
Citing the Judgement of Supreme court in HDFC Securities and other states of Maharashtra. It was held that in case of cognizable offence FIR should be registered. And after proper investigation, The Real Fact would come to light. Refusing to register the FIR would not be justified.
The opposite party has contended that the order passed by the magistrate is a cryptic one and there is no justification in the order of the Magistrate for directing to lodge an FIR against the petitioner.
In Maksud Saiyed case Court:-
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, and documents and heard the complainant, as such, as reflected in the order, will not be sufficient. After going through the complaint, and 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.