Ms Ranjeeta; Aged 26 Years vs State on 23 March, 2018
Of course, it is open to the Magistrate to proceed under Chapter
XII of the Code when an application under Section 156(3) of the Code is
also filed along with a complaint under Section 200 of the Code if the
Magistrate decides not to take cognizance of the complaint. However, in
that case, the Magistrate, before passing any order to proceed under
Chapter XII, should not only satisfy himself about the prerequisites as
aforesaid, but, additionally, he should also be satisfied that it is necessary
Crl. Revision No. 73/2018 Ranjeeta Vs State and Anr.
:5:
to direct police investigation in the matter for collection of evidence which
is neither in the possession of the Complainant nor can be produced by the
witnesses on being summoned by the Court at the instance of Complainant,
and the matter is such which falls for investigation by a State agency."