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Mrinmay Datta (Advocate)     01 May 2010

police case started then complaint allowed u/s 156(3) crpc

a police case started u/s 326 ipc against nine accd persons, then a petition filed u/s 156(3) crpc by another person showing different injured, different p.o., different time against same accd persons, praying police investigation u/s 307 ipc.the magistrate allowing the petition directed police to register the petition as FIR and start investigation against all nine accd persons.police informed the magistrate about earlier p.s. case and prayed for tag both the complaint, in stead of register the complaint as FIR.

CAN THE MAGISTRATE ACCEPT POLICE REPORT OR REJECT THE REPORT AND ORDER TO LODGE FIR AND INVESTIGATE THE MATTER



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Arvind Singh Chauhan (advocate)     01 May 2010

If rhe report has been already registered for the same offence, court can not compel police to register again the same. Whatever court can done, is after filing the ivestigation report or final report by police. It is also to be noted that court can not order under 156(3) to lodge FIR under particular section or offence.


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