Search warrant

Querist : Anonymous (Querist) 19 June 2011 This query is : Resolved
Dear Advocates,

Under what provsion of law a magistrate can issue search warrant. Can the warrant be issue along with the order passed undersection 156(3) CrPC to direct police to register an FIR.

Kindly clarify. Thanks.

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PALNITKAR V.V. (Expert) 19 June 2011
Sections 93 to 95 and 97 of Cr. PC provide for search warrants in different situations. However, a Magistrate is not empowered to issue search warrant while passing order u/s 156(3) of Cr.P.C. because police has got powers of search once investigation is taken up pursuant to registration of FIR.

Ajay Bansal (Expert) 20 June 2011
Agreed as above.

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