COURT’S ORDER WHETHER THE CASE IS OR IS NOT APPROVED FOR REPORTING {Chapter VIII, Rule 32(2)(b)} Description of the Case. Writ Petition No. 381 of 2006 (M/B) Rajeev Gupta and others …Petitioners Versus State of Uttaranchal and others …Respondents Approved for reporting. Not approved for reporting. Date: April 22, 2006 (P.C. Verma, J.) (B.C. Kandpal, J.) IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 381 of 2006 (M/B) Rajeev Gupta and four others …Petitioners Versus State of Uttaranchal and three others …Respondents Sri S.K. Mandal, Advocate for the petitioners Learned G.A. for the respondents. Dated: April 22, 2006 Hon’ble P.C. Verma, J. Hon’ble B.C. Kandpal, J. By means of this writ petition, the petitioners have prayed for writ of certiorari quashing the F.I.R. dated 01.03.2006 (Annexure No. 1) lodged by Respondent No. 4 which was registered as Case Crime No. 261 of 2006 and No. 990 of 2006 under Sections 498-A, 323, 506 I.P.C and ¾ Dowry Prohibition act, at Police Station Bazpur, District U.S. Nagar for an offence alleged to have been committed by the petitioners. 2. Section 156 of the Cr. P.C. reads as under:- 156. Police officer’s power to investigate cognizable cases:- (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was no empowered under this section to investigate. (3) Any Magistrate empowered under Section 190 may order such an investigation as above- mentioned. 3. Sub-Section (3) of Section 156 empowers the Magistrate empowered under Section 190 of Cr.P.C. to pass the order for investigation as provided in sub-clause (1) and (2) of Section 156 of Cr. P.C. Sub-sections (1) and (2) empowers the in-charge of the Police Station to investigate without order of the Magistrate. In sub-section (3) of Section 156 of Cr. P.C., the word “may” has been used which denotes that when an application is received, the Magistrate “may” or “may not” order for investigation. It is obvious that before passing an order for investigation, the Magistrate has to apply its mind as to whether there is some substance regarding the commission of offence or not and the application discloses some offence or not. Only after being satisfied, he will pass the order for investigation otherwise he will reject the same. Therefore, once the Magistrate is satisfied and ordered for investigation, it must be inferred that the order has been passed after being satisfied that the commission of offence is made out against the named persons. The application on which the Magistrate passes the order is treated as a First Information Report disclosing the offence against the accused. 4. Therefore, we hold that the F.I.R. lodged on the order passed under Section 156(3) of the Cr.P.C. cannot be quashed in a proceeding under Article 226 of Constitution of India. 5. The petition is dismissed accordingly. No order as to costs. 6. A copy of this order shall be circulated to all the Magistrate of this State. (B.C. Kandpal, J.) (P.C. Verma, J.) Rajeev Dang