In this case, the informant did not approach the officer-in-charge of the police station nor the Superintendent of Police concerned as contemplated u/ss. 154(1) and 154(3) of the CrPC but directly went to the Magistrate u/s.156(3). The Supreme Court declined to interfere on the ground that though the Magistrate ought not to ordinarily entertain an application u/s.156(3) CrPC directly unless the informant has availed and exhausted his remedies u/s.154(3), but as the Magistrate is otherwise competent u/s.156(3) to direct registration of an FIR if the allegations in the application/complaint disclose the commission of a cognizable offence, the order so passed by the Magistrate would not be without jurisdiction and would not stand vitiated on this count.

A 2-Judge Bench of the Supreme Court held, “It is a settled law that one of the modes for setting criminal law into motion is by giving information to the police authorities in accordance with Section 154 CrPC whereupon if a cognizable offence is prima facie made out to the satisfaction of the police, it may investigate into the offence even without the permission of the Magistrate. The information so given is ordinarily called the “First Information”, though this terminology has not been used under the CrPC.”.

It was further held, “On a conspicuous reading of the provisions of Sections 154, 156 and 190 of the CrPC together, it is crystal clear that an informant who wants to report about a commission of a cognizable offence has to, in the first instance, approach the officer-in-charge of the police station for setting the criminal law into motion by lodging an FIR. However, if such an information is not accepted by the officer-in-charge of the police station and he refuses to record it, the remedy of the informant is to approach the Superintendent of Police concerned. It is only subsequent to availing the above opportunities if he is not successful, he may approach the Magistrate under Section 156(3) 15 CrPC for necessary action or of taking cognizance in accordance with Section 190 of the CrPC.”

The Bench also held that the person aggrieved must first exhaust the alternative remedies available to him in law before approaching the court of law, he cannot ordinarily approach the court directly.