Pre-cognizance police investigation under Section 156(3) allows FIR registration without oath examination; Section 202 inquiry remains distinct.

A Magistrate may, at the pre-cognizance stage, direct investigation under Section 156(3) CrPC and require registration of an FIR without first examining the complainant on oath, because that provision operates within the police-investigation framework of Chapter XII and does not amount to taking cognizance. The investigation under Section 156(3) is the regular police investigation that may culminate in a report under Section 173, unlike Section 202(1), which applies only after cognizance and permits a limited inquiry to decide whether there is sufficient ground to proceed. The contrary view that Section 156(3) does not authorise FIR registration was rejected.

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Issues: Whether a Magistrate, before taking cognizance on a private complaint, can direct investigation under Section 156(3) of the Code of Criminal Procedure and require registration of an FIR without first examining the complainant on oath; and whether the investigation under Section 156(3) is distinct from the investigation contemplated under Section 202(1) of the Code of Criminal Procedure.

Analysis: Section 156(3) falls within the chapter dealing with police powers to investigate cognizable offences and operates at the pre-cognizance stage. A Magistrate invoking that provision does not take cognizance of the offence and therefore is not bound to follow the procedure under Section 200. The investigation under Section 156(3) is the same regular police investigation contemplated by Chapter XII, which culminates in a report under Section 173, and the police must register an FIR where a cognizable offence is disclosed. By contrast, Section 202(1) applies after cognizance has been taken and authorises only a limited inquiry to enable the Magistrate to decide whether there is sufficient ground to proceed.

Conclusion: A Magistrate may, before taking cognizance, order investigation under Section 156(3) and direct registration of an FIR, without examining the complainant on oath; the investigation under Section 156(3) is distinct from the limited inquiry under Section 202(1). The view that a Magistrate has no power to direct registration of an FIR under Section 156(3) was rejected.

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