Appliation under Section 156(3) CrPC must be accompanied with Affidavit

The Supreme Court directed that Application under Section 156(3) CrPC to the Magistrate is mandated to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate.

Mrs. Priyanka Srivastava and Anr. v. State of U.P. and Ors.
CRIMINAL APPEAL NO.781 OF 2012
Judgment Date : 19/03/2015

CORAM :Dipak Misra .J , Prafulla C. Pant .J

REASON FOR SUCH STRICT STEP:

1. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit is that the person making the application should be conscious and also endeavour to see that no false affidavit is made.

2. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3).

3. There has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3).