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AMIT MAHAJAN
Syed Shahbaz Hussain – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Amit Mahajan, J.
1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has been filed, inter-alia, praying for setting aside the judgment/order dated 31.05.2022 passed by the learned Additional Sessions Judge (ASJ) (hereinafter referred to as "the impugned order"), Patiala House Court in Criminal Revision No.254/2018.
2. Learned Metropolitan Magistrate by order dated 25.06.2018, in an application filed by the Respondent No. 2 under Section 156(3) of CrPC, had refused to direct the police to register an FIR. The learned ASJ by the impugned order while setting aside the said order directed the SHO Mandir Marg to register an FIR under Sections 420, 376, 295A, 493, 496, 506, 509, 511 and 120B of the Indian Penal Code.
3. The facts, as alleged which led to the filing of an application under Section 156(3) of the CrPC, by Respondent No. 2, bearing CC No. 782-18, are enunciated below:
3.1. The complainant was running an NGO, where she encountered accused no. 1, Shri Shahbaz Hussain (Petitioner No. 1) at 7, Pandit Marg, New Delhi who introduced himself as the brother of Shri Shehnawaaz Hussain, a member of Parliament. The complainant was highl
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The discretion to order investigation under Section 156(3) Cr.P.C. must be guided by judicial reasoning and must ensure a fair investigation, especially in cases of sexual harassment and assault.
(1) While registration of FIR is mandatory, arrest of accused on registration of FIR is not.(2) Once Magistrate has taken cognizance under Section 190 of Code, he cannot ask for investigation by Poli....
The duty of the Magistrate to verify the truth and veracity of the allegations, the requirement for prior applications under Sections 154(1) and 154(3) of Cr.P.C 1973, and the need for the Magistrate....
The duty of the Magistrate to verify the truth and veracity of the allegations before taking cognizance and the necessity of reflecting reasons for ordering investigation under Section 156(3) of Cr.P....
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