material brought on record.
2. This application/petition under Section 482 Code of Criminal Procedure ( Cr.P.C .) has been filed challenging the order dated ... Section 190 , are that he may either take cognizance under Section 190 or may forward the complaint to the police under Section 156(3)
material brought on record.
2. This Criminal Revision under Section 397 / 401 of Criminal Procedure Code ( Cr.P.C .) has been filed challenging the order ... Section 190 , are that he may either take cognizance under Section 190 or may forward the complaint to the police under Section 156(3)
pursuant to Section 156(3) , over
the proceedings emanating from criminal complaint u/S.200 . The said
Sec.210 Cr.P.C. for ready reference ... cases of simultaneous filing of Sec.156(3) application and
Sec.200 complaint:-
(i) As regards Sec.156(3) Cr.P.C. application (alleging only
passed by learned Chief Judicial Magistrate, Farrukhabad, in Criminal Misc. Application Under Section 156(3) Cr.P.C. registered as Case No. 1388 ... investigate. As provided under Section 154 of the Code of Criminal Procedure (hereinafter referred as the "Code/ Cr.P.C ."), every information relating
Section 156(3) has to be exercised only when there is sufficient ground to proceed and before exercising such jurisdiction under Section 156(3) ... Section 156(3) and held that where jurisdiction is exercised on a complaint filed in terms of Section 156(3) or Section 200 CrPC
material brought on record.
2. This application/petition under Section 482 Code of Criminal Procedure ( Cr.P.C .) has been filed challenging the order dated ... procedure envisaged in Chapter XV of the code. The magistrate should apply judicial mind while exercising his powers under Section 156 (3)
process issued ?
(B) Whether an order made under Section 156(3) Code of Criminal Procedure is an interlocutory order and remedy of revision against such ... IPC against the accused. The Magistrate refused to direct investigation in terms of Section 156(3) Code of Criminal Procedure but directed the complainant
complaint to the police for investigation under Section 202 , Cr.P.C. and not under Section 156(3) , Cr.P.C. and that the language ... Cr.P.C. before taking any step as contemplated under Section 200 of Cr.P.C. the question of investigation, under Section 202 ,
Section 156(3) Cr.P.C.
Section 156 reads thus:
Section 156 in The Code Of Criminal Procedure, 1973
156. Police officer' s power ... view that
although Section 156(3) is very briefly worded, there is an implied power in
the Magistrate under Section 156(3)
section (2) of Section 397 Cr.P.C., and (ii) in view of the bar
contained in Sub-section (2) of Section 397 ... Magistrate made in exercise
of powers under Section 156(3) Code of Criminal Procedure
directing the police to register and investigate is open to
revision
