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V. SUJATHA
Andluri Narasimha Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. Sujatha, J.
The Criminal Petition is filed seeking to quash the order dated 07.05.2018 in C.F.R. No.1280 of 2018 passed by the First Class Judicial Magistrate, Kamalapuram and the consequential registration of the FIR No.126 of 2018, dated 18.05.2018 by the Station House Officer, Yerraguntla Police Station, for the offences under Sections 420, 506 read with Section 34 of the Indian Penal Code, 1860.
2. The petitioners herein are the accused Nos. 1 and 2. Respondent No.2 herein is the complainant. On 09.04.2018, a complaint was given by the complainant stating that the complainant and both the accused are residents of Yerraguntla town and that the complainant is a lorry owner by profession. In the month of January, 2017, both the accused approached the complainant’s house and stated they are going to run a chit for Rs.20 lakhs having 16 installments and that they would take 4% commission. Having said so, the accused have induced the complainant to join in the chit promising good profits; in pursuance of which the complainant has joined in the chit which started from 20.02.2017. The complainant further stated that he made four others to join in the said chit believing the acc
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A Magistrate must apply mind and provide reasons when forwarding a complaint for police investigation under Section 156(3) of Cr.P.C.
The Magistrate must provide reasons for ordering an investigation under Section 156(3) of Cr.P.C., and failure to do so warrants quashing of the proceedings.
A Magistrate cannot register a subsequent complaint under Section 200 CrPC based on the same facts after a previous complaint has been quashed, as it exceeds jurisdiction.
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
The duty of the Magistrate to apply judicial mind while directing the registration of FIRs, and the consequences of filing frivolous and vexatious proceedings.
The Magistrate must judiciously exercise discretion in registering FIRs under Section 156(3) Cr.P.C., ensuring that mechanical refusals are avoided when cognizable offences are disclosed.
A Magistrate must apply judicial discretion and provide reasoning when referring a matter for investigation under Section 156(3) of the Cr.P.C.; mechanical orders are unsustainable.
A magistrate must apply mind and provide reasoning when taking cognizance of complaints; failure to do so allows for quashing of proceedings to prevent abuse of process.
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