We have heard the learned counsel appearing for the appellants and the learned Senior counsel appearing for the respondents.
The short issue for consideration in this appeal is as to whether the learned Magistrate has the jurisdiction to invoke Section 156(3) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for the second time, in spite of the earlier order dated 10.08.2022 whereby the learned Magistrate dismissed the initial application filed by the respondent-complainant under Section 156(3) of the Cr.P.C. as well as the subsequent closure report filed by the police, pursuant to the direction given by the High Court to conduct a preliminary inquiry.
Though arguments have been made by the learned Senior Counsel appearing for the State that there is no bar under law in doing so, the fact remains that the second round of resorting to Section 156(3) of the Cr.P.C. is nothing but an attempt to review the earlier order passed by the High Court. It is also pertinent to state that the liberty given by the High Court to the respondent-complainant was only for the purpose of invoking Section 200 of the Cr.P.C. Maybe it is an oversight which made the respondent–complainant to invoke Section 156 (3) of the Cr.P.C., once again, instead of filing a private complaint under Section 200 of the Cr.P.C. Suffice it to state that the parameters for the invocation of both the aforesaid sections are quite different.
In such view of the matter, we set aside the impugned order dated 07.10.2025 passed by the High Court and the order of the learned Magistrate dated 23.08.2024 which directed the registration of an FIR, with a specific direction to the concerned Magistrate to treat the application filed by the respondent–complainant invoking Section 156 (3) of the Cr.P.C. as a private complaint under Section 200 of the Cr.P.C and, thereafter, proceed in accordance with law.
The appeal stands disposed of in the aforesaid terms.
Reference
Judgments cited or involved
- High Court of Judicature at Madras Order (07.10.2025): The primary impugned order in CRLOP No. 8854/2025 which the Supreme Court set aside.
- Magistrate’s Order (23.08.2024): An order that directed the registration of an FIR, which the Supreme Court also set aside.
- Earlier Magistrate’s Order (10.08.2022): An initial order that had dismissed the respondent-complainant’s original application under Section 156(3) of the Cr.P.C.
Acts and Sections
- The Code of Criminal Procedure, 1973 (Cr.P.C.):
- Section 156(3): This is the central provision discussed in the order. It empowers a Magistrate to order an investigation by the police. The court addressed whether a Magistrate can invoke this section for a second time after an initial application and a subsequent closure report.
- Section 200: This section pertains to the examination of a complainant. The Supreme Court directed the Magistrate to treat the respondent’s application as a “private complaint” under this section rather than directing an FIR under Section 156(3).
Party
Mohan Karthik & Ors. versus State of Tamil Nadu & Anr - Criminal Appeal No. 2193 of 2026 (arising out of SLP [Crl.] No. 18828/2025) - 2026 INSC 321 - April 27, 2026 - Hon'ble Mr. Justice M.M. Sundresh and Hon'ble Mr. Justice Nongmeikapam Kotiswar Singh.
