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No need to follow section 154 Cr. P. C. prior to invoking 156 (3)

Raj Kumar Makkad ,
  05 July 2010       Share Bookmark
Court :
Bombay High Court
Brief :
FIR registered in pursuance to application moved under section 156(3) of the Code of Criminal Procedure, 1973 by the complainant without exhausting the procedure under section 154 Crpc - Whether order passed under section 156(3) by Chief Metropolitan Magistrate is illegal in pursuance to the fact that complainant never exhausted procedures of section 154 of the Code?
Citation :
Shri Dilip Kanal and Anr. v. The State of Maharashtra (Decided on 10.02.2010) MANU/MH/0137/2010

Held, once FIR is lawfully registered, whether that is done on the information given by the complainant or in pursuance of an Order passed under Section 156(3) becomes insignificant.

   

 
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Published in Criminal Law
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