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1 - 6 of 6 (0.17 seconds)Mst Laxma And Ors vs Jagdish And Anr on 8 March, 2013
Laxma & Ors. vs. Jagdish & Anr." (supra).
Magistrate had recorded the statement of the complainant and his
witnesses under Section 200 & 202 Cr.P.C. It was held by
Rajasthan High Court that Magistrate cannot direct the Police to
investigate under Section 156(3) Cr.P.C. Magistrate in this case
has not adhered to the two procedures and after recording
statement of complainant and his witnesses had issued directions
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to the Investigating Officer to investigate and submit report to the
Court. Such procedure is contrary to law.
Bhushan Prakash @ Prasad vs State And Ors. on 21 August, 2006
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)
Rasiklal Dalpatram Thakkar vs State Of Gujarat & Ors on 6 November, 2009
8. It is also contended that when once a complaint is sent by
Magistrate to Police under Section 156(3) Cr.P.C., it has to
investigate the case and it cannot submit negative final report on
the ground that it is not having territorial jurisdiction. Reliance in
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this regard has been placed on "Rasiklal Dalpatram Thakkar
vs. State of Gujarat" (supra).
Section 156 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
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