Back
M. NAGAPRASANNA
Thara peethambaram – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioners – accused Nos.1 and 2 are before this Court calling in question an order of the learned Magistrate dated 30.04.2024, passed in P.C.R.No.5636/2024, by which the learned Magistrate has referred the matter for investigation under Section 156(3) of the Cr.P.C. and also seek quashment of the crime registered by respondent No.2 in Crime No.157/2024, for the offences punishable under Sections 504, 506, 416, 419, 420 and 34 of the IPC.
2. Heard Sri C.V.Nagesh, learned senior counsel for the petitioners, Sri Jagadeesha B.N., learned Additional State Public Prosecutor for respondent No.1 and Sri Promod Nair, learned senior counsel for respondent No.2.
3. The first petitioner is the mother of petitioner No.2 and respondent No.2 and therefore, petitioner No.2 and the respondent No.2 are siblings and all are in squabble on certain dispute, which lead respondent No.2 before the learned Magistrate by filing a private complaint invoking Section 200 of the Cr.P.C. The learned Magistrate in terms of the order dated 30.04.2024, refers the matter for investigation as obtaining
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.
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.
Point of law : Revisional jurisdiction can be exercised if there appears to be patent defect in exercise of jurisdiction or irregularities manifestly crept in while passing an order and this eventual....
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....
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
