Search Results Page
Search Results
1 - 10 of 10 (0.21 seconds)The Code of Criminal Procedure, 1973
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Suresh Chand Jain vs State Of Madhya Pradesh & Another on 10 January, 2001
16. It is also clear from the judgment of the Supreme Court in the case Suresh Chandra Jain V. State of Madhya Pradesh and another, 2001(42) ACC 459 (SC), that a Magistrate has the authority to treat an application under section 156(3) Cr.P.C as a complaint.
P.R. Venugopal vs S.M. Krishna And Ors. on 20 October, 2003
In view of the observations made by Hon'ble Apex Court in many of the judgments, it is clear that law is that on receipt of an application under section 156(3) Cr.P.C the Magistrate may pass an order outright for taking cognizance in the offence and proceed in view of the procedure laid down in Chapter XV Cr.P.C. But if the Magistrate is not intending to take cognizance of the offence then he may pass an order for register and investigation of the offence by the police. On receipt of an application under Section 156(3) Cr.P.C both the options are open to the Magistrate.
Mohd. Yousuf vs Smt. Afaq Jahan & Anr on 2 January, 2006
14. Now it will be material to decide that whether an application under section 156(3) Cr.P.C can be treated as a complaint for the purpose of a procedure as provided under Chapter XV or the applicant is at liberty to allege that if an application under section 156(3) is moved then the Magistrate must pass an order for registration of the case and investigation when a cognizable offence is made out and specially when no prayer has been made in the application under section 156(3) Cr.P.C to treat the application as a complaint and it has not been filed in the format of the complaint then the application under section 156(3) Cr.P.C cannot be treated as complaint. I disagree with this position. An application under section 156(3) Cr.P.C can be treated as a complaint as has been held by Hon'ble Apex Court in Mohd. Yousuf v. Afaq Jahan and another, 2006 (54) ACC 530 (SC). In this context Full Bench decision of this Court is also relevant.
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Gulab Chand Upadhyaya vs State Of U.P. And Ors. on 20 February, 2002
22. This controversy must come to an end that an application under section 156(3) Cr.P.C can only be treated as an application for passing an order for registration of the case and investigation and it cannot be treated as complaint case. The Magistrate is not bound in each and every case to pass an order to register a case and investigate if cognizable offence is made out. The Magistrate is fully competent to use his judicial discretion in the matter. This is wrong notion that if an application has been moved under section 156(3) Cr.P.C, the only order which can be passed is, for registration of a case in the matter. The Magistrate has got discretion under section 190 Cr.P.C to take the cognizance directly or to pass an order that the police to investigate and then take cognizance on submission of a report under section 173 Cr.P.C. But the Magistrate is also expected to act under some guidelines and it should not be left at the arbitrary discretion of the Magistrate to pass an order or not to pass an order to register the case and investigation under section 156(3) Cr.P.C. In Gulab Chand Upadhyaya v. State of U.P., 2001 (44) ACC 670 (H.C.), this Court had laid down the guidelines for the guidance of Magistrate while deciding the application moved under section 156(3) Cr.P.C and the guidelines cannot be said against any provision of law or check on the judicial discretion of the Magistrate. Even Hon'ble Apex Court also held that the Magistrate has got a discretion to pass an order to register the case and investigation under section 156(3) Cr.P.C or to treat an application as a complaint case.
Ram Babu Gupta & Another vs State Of U.P. Thru' Secretary Revenue ... on 25 November, 2010
The Full Bench of this Court in Ram Babu Gupta and another v. State of U.P. and another, 2001(43) ACC 50 H.C. has laid down that the Magistrate may direct the police to register a case and investigate- Or he may treat the same as a complaint and proceed in matter contemplated in Chapter XV of Code- He should apply his judicial mind- Magistrate if takes cognizance, may proceed to follow the procedure provided in Chapter XV of Code- Magistrate may either take cognizance under section 190 or may forward the complaint to police under section 156(3) for investigation."
Sukhwasi Son Of Hulasi vs State Of Uttar Pradesh on 18 September, 2007
In the case of Sukhwasi v. State of Uttar Pradesh, reported in 2008(1) JIC 792 (All), wherein this Court has held that the Magistrate is not bound to order for registration of an FIR in all cases where a cognizable offence has been disclosed and the Magistrate has authority to treat it as complaint.
1