FIR -- Prior Dismissal of Private Complaint under Section 156(3) CrPC -- Does not bar subsequent FIR registration by police
Criminal Procedure Code, 1973, S.154, S.156(3) -- Registration of FIR -- Prior Dismissal of Section 156(3) CrPC Application -- Does not bar subsequent registration of FIR by police, since an order under Section 156(3) is confined to directing or declining investigation and involves no adjudication on merits. Such rejection cannot attract the doctrine of res judicata so as to bar registration of an FIR founded on the same or similar allegations. The duty of police to register an FIR under Section 154 flows independently from the statute and is not contingent on the outcome of proceedings under Section 156(3). Where information discloses a cognizable offence, registration is mandatory, and questions of truthfulness or credibility of allegations are matters for investigation, not for refusing registration.
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