view that
although Section 156(3) is verybriefly worded, there is an implied power in
the Magistrate under Section 156(3) ... avail, under Section 156(3) Cr.P.C. before the
Magistrate or by filing a criminal complaint under Section 200
Criminal Appeal No. 102 of 2011 Page 3 of 8
under Section 156(3) CrPC before the learned
Magistrate concerned. If such ... 3) CrPC.
Criminal Appeal No. 102 of 2011 Page 4 of 8
14. Section 156(3) states:
“156. (3) Any Magistrate empowered under
Section 156(3) and held that where
jurisdiction is exercised on a complaint filed in terms of Section 156(3)
or Section 200 CrPC ... complaint to the police for
investigation under Section 156(3) of the Code of Criminal Procedure.
And again:
"When a Magistrate receives a complaint
referred to Deputy Superintendent of
Police – 3 Karnataka Lokayukta, Bangalore Urban under Section
156(3) of Cr.PC for investigation and to report.”
4. Aggrieved ... Section 156(3) and
held that where a jurisdiction is exercised on a complaint filed in
terms of Section 156(3) or Section 200
156, Cr.P.C confer right on an aggrieved person to reach the police, 156(3) empowers a Magistrate to act in a particular manner ... Applications under Section 156(3) Cr. P.C. are now coming in torrents. Provisions under Section 156(3) Cr.P.C. should be used sparingly
order dated 3-1-2001 directed that the application under Section 156(3) be registered in the Court as a criminal complaint and fixed ... filing a criminal complaint under Chapter XV of Cr.P.C , the complainant seeks the direction under Section 156(3) so that the accused
156(3) of the Code of
Criminal Procedure (for short, ‘the Code’) or otherwise independently
within the ambit of Section 154 of the Code ... other
allegations have also been made in the application under Section
156(3) Cr.P.C. From all these allegations, prima facie
cognizable offences
investigation under Section 156(3) of
the Code and taking recourse to Section 202 of the
Code instead. It was submitted that having regard ... investigation by the police under Section 156(3) of
the Code and resorting to Section 202 of the Code
instead, since both the two courses
direction under section 156(3) of the Code of Criminal Procedure (hereafter ' Cr.P.C ' or 'the Code') to the police ... that as an order made under Section 156(3) of the Code of Criminal Procedure is amenable to revision, no writ petition for quashing
learned Magistrate
treated the application of R1 under Section 156(3) Cr.P.C. as a complaint case
and an opportunity was granted ... Feeling aggrieved by order dated 23.03.2015 treating the application
under Section 156(3) Cr.P.C. as a complaint case, R1 filed a criminal revision