Court of Madhya Pradesh, dismissing an application
under Section 482 of the Code of Criminal Procedure 1973. 1
3. The appellant is working ... petition under Section
482 CrPC. Moreover, he has a further remedy of filing a criminal
10
complaint under 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
view
that although Section 156(3) is very briefly worded, there is an
implied power in the Magistrate under Section 156(3) ... exercise of power under Section 439 or under the inherent
power of the court under Section 561A of Criminal
Procedure Code".
This Court, having
said application. In the complaint under Section 200 ,
which accompanied the application under Section 156(3) Cr.P.C., it has been
highlighted that ... registration of the FIR
under Sections which included the sections as in the present application
under Section 156(3) Cr.P.C. Specific reference
punishable under Section 153-B
or sub- section (2) or sub-section (3) of Section 505 of Indian
Penal Code or a criminal conspiracy ... Section 156(3) and held that where
jurisdiction is exercised on a complaint filed in terms of Section
156(3) or Section 200 CrPC
under Section 156(3) did not warrant
registration of the FIR and the allegations made in the said application
under Section 156(3) ... final report under Section 173(2) Criminal Procedure
Code, 1973 It would clearly be beyond the purview of
sections 154 and 156 Criminal Procedure Code
Code of
Criminal Procedure, 1973 (' Cr.P.C .' for brevity) and
the interim application filed by the Complainant under
Section 156 ... scheme contained in the
Code of Criminal Procedure , 1973 reference to
cognizance of offences is found under Section 190 of
Cr.P.C. A question
view
that although Section 156(3) is very briefly worded, there is an
implied power in the Magistrate under Section 156(3) ... exercise of power under Section 439 or under the inherent
power of the court under Section 561A of Criminal
Procedure Code".
This Court, having
Court of Madhya Pradesh, dismissing an application
under Section 482 of the Code of Criminal Procedure 1973. 1
3. The appellant is working ... petition under Section
482 CrPC. Moreover, he has a further remedy of filing a criminal
10
complaint under Section 200 CrPC
should also be noted that Section 156(3)
of the Code of Criminal Procedure provides for a
check by the Magistrate on the police
performing ... 156(3) CrPC.
.
14. Section 156(3) states:
"156. (3) Any Magistrate empowered under Section 190 may order
such an investigation