Section 397(1) Cr.P.C. being barred by Section 397(2) Cr.P.C. nor at his instance an application under Section 482 ... revisable under Section 397(1) Cr.P.C. and is barred under Section 397(2) Cr.P.C. Sixthly, because Section 156(3)
Cr.P.C.
xvii Section 154 , Cr.P.C. is the only Section which speaks about the registration of an FIR and Section 156 ... view that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3)
Crl.M.C.Nos.3425/05 & 5521/05 Page 16 of 27
of Section 3 of Section 156 of the Code of Criminal Procedure ... Section 1 of Section 190 of the Code, the magistrate
proceeds under Section 200 of the Code of Criminal Procedure
1973. Said provision reads
with a complaint under Section 190 read with Section 200 CrPC along with an application under Section 156 (3) CrPC seeking ... learned MM under Section 190 read with Section 200 CrPC along with an application under Section 156 (3) CrPC asking
Section 156(3) and held that where jurisdiction is exercised on a complaint filed in terms of Section 156(3) or Section 200 CrPC ... that as an order made under Section 156(3) of the Code of Criminal Procedure is amenable to revision, no writ petition for quashing
156 (3) Cr.P.C. states that any Magistrate empowered under
Section 190 Cr.P.C. may order an investigation under Section 156 (3)
... Code of
Criminal Procedure (for short "the Code") by which a
Magistrate can order investigation to be conducted.
They are Sections 155 , 156
Officer is contrary to the scope of Sections 154 , 155 and 156 of the Code of Criminal Procedure. It is also contended that the Station ... action has to be taken under Section 190 Cr.P.C and the procedure laid down under Section 200
police station in relation to that offence.
Section 156 in the Code of Criminal Procedure , 1973
156. Police officer's power to investigate cognizable ... taking cognizance of an offence under Section 190 of the Criminal Procedure Code is unsound. The proviso to Section 3 of the Act expressly covers
under Section 202(1) of the Code of Criminal Procedure,
1973 (for short "the Code") instead of directing investigation
under Section 156 ... Section 156(3) and held that where jurisdiction is
exercised on a complaint filed in terms of Section 156
(3) or Section 200 CrPC
originated from complaint under Section 200 of the Code of
Criminal Procedure and the same is distinguishable as Section 200 of Cr.P.C.
falls ... under Section 156(3) of the Code of
Criminal Procedure and Section 202 of the Code of Criminal Procedure.
Petitioner relied upon several judgments