passed
by the court of Ld. ACMM vide which the application under Section 44(1)(c)
of the Prevention of Money Laundering ... filed
a Criminal Complaint under Section 120B r/w 420, 468 and 477A of IPC and
Section 628
authorities is available to the Magistrate both under
Section 156(3) Cr.P.C. and under Section 202 Cr.P.C.
The only difference ... 628], while considering the powers of a Magistrate
under section 156(3), the Supreme Court held that such power is
vested in the Magistrate before
Section 3 of the
Act to which the provisions of Section 220 apply, there is no
reason why the provisions of Section ... Sections 3 and 4 of the Act and
Sections 220 and 223 of the Code of Criminal Procedure, it
1
(2003) 8 SCC 628
authorities is available to the Magistrate
both under Section 156(3) Cr.P.C. and under
Section 202 Cr.P.C. The only difference ... 628], while considering the powers of a Magistrate
under section 156(3), the Supreme Court held that such power is
vested in the Magistrate before
should depart from the procedure laid down in the Code. Section 154 of the Code provides that the police officer in charge of a police ... 628) : 2001 Cri LJ 954 as follows:
Even if a Magistrate does not say in so many words while directing investigation under Section
course of the
same transaction;
(e) - (g) * * * "
10. As per Section 223(a) Cr.P.C., persons accused
of the same offence committed ... 628], wherein it was held in
paragraphs 9 and 10 as follows:-
"9. A mere perusal of Section 4 of the
Act clearly mandates
Asian Resurfacing Of Road Agency P. Ltd. vs Central Bureau Of Investigation on 28 March
State of M.P. v. Ramesh Chand
Sharma, (2005) 12 SCC 628; and State of M.P. v. Virender Kumar
Tripathi ... Through CBI), AIR 1998 SC 201, a
case under the provisions of Section 20 of Terrorist and Disruptive
12
Activities (Prevention) Act, 1987, this Court
CHANDLR(CIV&CRI) 628, (1999) 2 SCJ 140, 1998 (2) ANDHLT(CRI) 327 SC, (1998) 2 ANDHLT(CRI) 327, (1999) 5 BOM CR 1, AIRONLINE ... case was registered against
the petitioner regarding an offence under Section 5(2) read
with Section 5(1) (e) of the prevention of Corruption
before ordering
investigation against public servant. The consequences of starting
investigation under Section 156(3) of the Cr.P.C., it was submitted,
would result ... situation may arise where a Magistrate may exercise his power under
Section 156(3) of the Cr.P.C. in a routine manner resulting
