Criminal Procedure can be challenged by
way of a petition under section 482 of the
Code of Criminal Procedure. It has been
contended ... mandatory as provided under section 154 of
the Code of Criminal Procedure, the order
passed by the Magistrate under section
156
petition is filed under Section 397 read with Section 401 of
the Code of Criminal Procedure, 1973 (corresponding to Section 438 of
the Bharatiya Nagarik ... normally be permitted for availing
the Mahesh provisions of section 156(3) Code of Criminal Procedure, 1973.
The reference is, therefore answered in the manner
Code of Criminal Procedure , 1973 (hereinafter,
referred to as ' Cr.P.C ./Code'), seeking setting aside of the order
dated 05.08.2023 (hereinafter referred ... Code when an
application under Section 156(3) of the Code is also
filed along with a Complaint under Section 200 of
the Code
learned Metropolitan
Magistrate in exercise of jurisdiction under Section 156(3) of the Code of
Criminal Procedure directing the SHO of the Police Station, Connaught ... investigate the matter by registering the FIR under Section
156(3) of the Code of Criminal Procedure.
2. An article was featured in the daily
Uttar Pradesh [2008 Crl. LJ
472], it has been held that ;
"Application under Section 156 (3) of Code of
Criminal Procedure ... coming in
torrents. Provisions under Section 156 (3) of
Code of Criminal Procedure, 1973 should be used
sparingly. They should not be used unless there
under Sections 397 of the Code of Criminal Procedure,
1973 (hereinafter referred to as ' Cr.P.C ./Code')/pari materia with
Sections ... Section 190 Cr.P.C. and proceed to inquire into
it/the complaint, in accordance with the procedure laid down in
Sections 200 / 202
conscientiously
adjudicate upon criminal revision petition under section 397 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as " ... application filed by the
complainant under Section 156(3) of the Code of
Criminal Procedure, 1973 (" CrPC ").
2 Briefly stated
under Sections 397 of the Code of Criminal Procedure,
1973 (hereinafter referred to as ' Cr.P.C ./Code')/pari materia with
Sections ... Section 190 Cr.P.C. and proceed to inquire into
it/the complaint, in accordance with the procedure laid down in
Sections 200 / 202
pari materia with Section
397 of the Code of Criminal Procedure, 1973 (hereinafter,
referred to as ' Cr.P.C ./Code'), seeking setting aside ... under Section 223 BNSS/pari materia
with Section 200 Cr.P.C. along with an application under Section
175(3) BNSS/ Section 156(3)
pari materia with Section
397 of the Code of Criminal Procedure, 1973 (hereinafter,
referred to as ' Cr.P.C ./Code'), seeking setting aside ... within
the ambit of criminal offences under Indian Penal Code , 1860/ IPC ,
necessitating immediate police intervention/investigation under
Section 156(3)
