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(Guest)

Investigating officer can not refuse investigation directed.

 

Investigating officer can not refuse investigation directed under S.156 CRPC on the ground of territorial jurisdiction

 

We are also unable to accept the submission that it was for the Investigating Officer in the course of investigation to decide whether a particular Court had jurisdiction to entertain a complaint or not. It is the settled law that thecomplaint made in a criminal case follows the place where the cause arises, but the distinguishing feature in the instant case is that the stage of taking cognizance was yet to arrive. The Investigating Agency was required to place the facts elicited during the investigation before the Court in order to enable the Court to come to a conclusion as to whether it had jurisdiction to entertain thecomplaint or not. 2


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 1 Replies

Sharma Ved Prakash (Advocate)     28 October 2012

Mr. Beni question is this," when magistrate sent the complaint under section 156(3) Cr. P. C. for registration and investigation of the case and police authorities have neither registered the case nor investigated the case, then, what remedy left with the magistrate?


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