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Sukhwasi Son Of Hulasi vs State Of Uttar Pradesh on 18 September, 2007

The Division Bench answered the reference by holding that it cannot be said that the Magistrate is bound to order registration of a First Information Report in all cases, where a cognizable offence is disclosed. It is not incumbent upon a Magistrate to allow an application under Section 156(3) Cr.P.C. and there is no such legal mandate. The Magistrate may or may not allow the application in his discretion. He has a discretion to treat an application under Section 156(3) Cr.P.C. as a complaint. Paragraph nos. 9, 11 and 23 of "Sukhwasi (Supra)" are being reproduced as under:-
Allahabad High Court Cites 22 - Cited by 326 - Full Document
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