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Documents citing Bhushan Prakash @ Prasad vs State And Ors. on 21 August, 2006

Smt Manohari Devi And Ors vs State Of Raj And Anr on 1 August, 2019

15. However, in the present case, after the report was submitted by the Police that it is not having territorial jurisdiction, Magistrate permitted the complainant to file Protest Petition and on filing of the Protest Petition, proceeded to record statement of the complainant and his witnesses, thereby, he commenced investigating the case, as per Section 202 Cr.P.C. which he could not in view "Bhushan Prakash vs. State of Rajasthan & Ors." (supra)
Rajasthan High Court - Jaipur Cites 7 - Cited by 0 - P Bhandari - Full Document

Ramesh Kumar Dalmiya vs State Of Rajasthan And Anr on 1 April, 2013

In catena of cases, the Hon'ble Supreme Court has already opined that Section 156 (3) Cr.P.C. is available in cases where no cognizance has been taken by the Magistrate. But once the statement had been recorded under Section Section 200 Cr.P.C., and under Section Section 202 Cr.P.C., the Magistrate is deemed to have taken cognizance of the offences. He is merely postponing the issuing of the process under Section 202 Cr.P.C. Therefore, once the statement is recorded under these two provisions, the Magistrate cannot direct the Police to investigate under Section 156 (3) Cr.P.C., as the Magistrate has already taken cognizance. Keeping in view the principles in mind, in the case of Bhushan Prakash @ Prasad [supra], this Court had struck down the impugned order therein.
Rajasthan High Court - Jaipur Cites 21 - Cited by 1 - R S Chauhan - Full Document

Jabar Singh vs State on 5 December, 2017

Suffice to say that the ratio of the said judgment has no application to the case at hand because in the present matter, (2 of 2) [CRLMP-3846/2016] the Magistrate has simply directed that investigation be conducted under Section 202 CrPC, whereas in Bhushan Prakash's case, the matter was sent to the police under Section 156 (3) of the CrPC after initiating enquiry under Section 200 of the CrPC. Thus, this court is of the firm opinion that in view of the clear language of Section 202 (1) (b) of the CrPC, the Magistrate was vested with the discretion to direct investigation/enquiry under Section 202 CrPC to be conducted by a senior police officer. I find no illegality or irregularity in the impugned order so as to interfere therein. Hence, the instant miscellaneous petition is dismissed being devoid of merit.
Rajasthan High Court - Jodhpur Cites 6 - Cited by 0 - S Mehta - Full Document
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