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No need to examine complainant before ordering inquiry under Section 156(3) of CrPC: Supreme Court

No need to examine complainant before ordering inquiry under Section 156(3) of CrPC: Supreme Court

 

No need to examine complainant before ordering inquiry under Section 156(3) of CrPC: Supreme Court

 

New Delhi- Recently, the Supreme Court reiterated that there is no need to examine the complainant under section 200 of Cr.P.C before a judicial magistrate orders a police inquiry under section 156(3) of Cr.P.C.

Having observed this, the Court set aside the Bombay High Court's decision which had granted pre-arrest bail on the grounds that the Magistrate's order to register an FIR under Section 156(3) of the Cr. was not done under section 200.
 
 
 
 
 

The Supreme Court ruled that the High Court's view that the procedure under section 200 CrPC was to be followed before the order of section 156(3) was erroneous in law.

A division bench of Justice MR Shah and Justice DY Chandrachud delivered this judgment in M/s Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra and connected matters.

 

 

 

 

 

 

he Supreme Court referred to the judgment of Suresh Chand Jain v State of Madhya Pradesh, in which the Court held that any Judicial Magistrate may, before taking cognizance of an offence, order an inquiry under section 156(3) of the Code .

 

According to the court, the High Court has not been apprised of the above mentioned decision. It was also said that the High Court should not have granted anticipatory bail.

 

NEWS COURTESY BY : LAW TREND

 

 

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