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K. MANMADHA RAO
P. Sridhar – Appellant
Versus
Station House Officer – Respondent
ORDER :
This petition is filed under Article 226 of the Constitution of India for the following relief;-
2. The precise case of the petitioner is that he is the Accused No.2 in Crime No. 155 of 2016 of 1st respondent. The 3rd respondent filed private complaint before the IV Additional Chief Metropolitan Magistrate at Vijayawada (in short "the trial court") alleging that his son purchased the land under Registered Sale Deed dated 08.05.2006. The Accused No.1 created an agreement of sale-cum-GPA alleged to have been executed by Danthu Lakshmi Narasimha Murthy and thereafter executed sale deed in favour of the petitioner on 29.09.2014. It is further all
A Magistrate must exercise judicial discretion and apply mind before directing police investigations under Section 156(3) of Cr.P.C.
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
A magistrate can only direct the officer in charge of a police station to register an FIR; directions to superior officers exceed this authority.
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.
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.
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....
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