herein – original complainant under
Section 156(3) of the Code of Criminal Procedure,1973
(Code/ Cr.PC ) original respondent nos. 2 to 4 (alleged
accused ... Chapter XII of the Code
of Criminal Procedure , 1973.
10. The Code vide Chapter XII, ranging from Section
154 to Section 176 , deals with information
Code when an application under Section
156(3) of the Code is also filed along with a Complaint under
Section 200 of the Code ... Section 156(3) and held that where jurisdiction is exercised on a
complaint filed in terms of Section 156(3) or Section 200 CrPC
opinion, a stage has come in this country where Section 156(3) Code of Criminal Procedure applications are to be supported by an affidavit duly ... Applications under Section 156(3) Cr. P.C. are now coming in torrents. Provisions under Section 156(3) Cr.P.C. should be used sparingly
petition under Section
482 CrPC. Moreover, he has a further remedy of filing a criminal
complaint under Section 200 CrPC ... section (3) of Section 154 of the CrPC provides the
procedure to be followed by informant. A careful perusal of sub-
section
view that
although Section 156(3) is very briefly worded, there is an implied power
in the Magistrate under Section 156(3) ... filing a criminal complaint
under Section 200 Cr.P.C. and not by filing a writ petition or a petition
under Section 482
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
first exhaust his remedy under Sections
154(1) and 154(3) Cr.P.C. before invoking Section 156(3) Cr.P.C. in the case ... sec
196(1) Cr.P.C . is required for prosecution of offence punishable under sec
153A of IPC and sanction under sec 197 of
compliance of Section 154(3) of the Code of Criminal
Procedure and no affidavit being their along with the application under
Section 156 ... compliance of Section 154(3) of the Code of Criminal Procedure,
however, the documentary evidence enclosed along with the application
under Section 156
behalf of Respondent 2 that an order under Section 156(3)
of the Criminal Procedure Code requiring investigation by the
police does not cause ... Section 156(3) states:
"156. (3) Any Magistrate empowered under Section 190
may order such an investigation as abovementioned."
The words
Code by filing a
criminal complaint under Section 200 Cr.P.C. An application having been filed
before the Magistrate under Section 156(3) ... Section 156(3) and held that
where a jurisdiction is exercised on a complaint filed in terms of Section 156(3) or
Section 200
