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When can 156(3) Cr.P.C. be skipped by informant? Directly approaching High Court for registration of FIR

As per the Madras High Court’s landmark judgment in the case of G. Prabakaran v. The Superintendent of Police, Thanjavur (2018 (2) LW(Crl) 489 : 2018 (5) CTC 623 : 2018 (4) MLJ (Crl) 513 : 2018 SCC OnLine Mad 14003), the mandate of having to approach the Magistrate u/s 156(3) Cr.P.C., after 154(1) Cr.P.C., (informing the officer in charge of a police station), 154(3) Cr.P.C., (informing the higher official, S.P./Commissioner of Police, as the case may be), may be skipped/ eschewed in certain scenarios. This gives the informant the option of directly approaching the High Court for registration of FIR, which provides a crucial remedy incase of serious cases where the informant/ aggrieved party cannot proceed with the ordinary mandate of filing 156(3) Cr.P.C. petitions for a direction to register FIR.

To know more about this judgment, and a brief explanation of the circumstances in which such a petition can be directly filed before a High Court u/s 482 Cr.P.C., please watch this video on our Lawyers’ Society Youtube channel: Approaching HC before Magistrate for registration of FIR. Landmark Madras HC judgment discussed.

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