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2008 Supreme(Ker) 618

M.SASIDHARAN NAMBIAR
Aloshia Joseph – Appellant
Versus
Rev. Joseph Kollamparambil – Respondent


Advocates Appeared:For the Petitioner:C.V. Manuvilsan, Advocate. For the Respondents: Public Prosecutor.

Judgment :

Whether a complainant has a right to demand that Magistrate shall forward the complaint for investigation under sub section (3) of Section 156 of the Code of Criminal Procedure? Is it for the Magistrate to decide whether a complaint is to be forwarded for investigation by the Police? Can the Magistrate to take cognizance and conduct an inquiry under section 202 of Code of Criminal Procedure even if complainant seeks only for forwarding the complaint under section 156(3) of Code of Criminal Procedure. If the allegations in the complaint with the sworn statement of the complainant makes out a prima facie case can the Magistrate dismiss the complaint under section 203 of Code of Criminal Procedure?. These are the relevant aspects to be decided in this revision petition.

.2. Revision petitioner filed a complaint before Judicial First Class Magistrate, Irattupetta with a prayer to forward the complaint to Sub Inspector of Police, Irattupetta for investigation under section 156(3) of the Code of Criminal Procedure and to direct Sub Inspector of Police to register a case and submit a report after investigation. First respondent the accused in the complaint is the Principal of St




















































































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