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1994 Supreme(Ori) 16

ARIJIT PASAYAT
BRIJ KISHORE SINGH – Appellant
Versus
NUTAN SINGH – Respondent


Advocates Appeared:
D.P.Das, G.D.TRIPATHY, J.K.PANDEY, R.K.Nayak, S.K.Mund, S.K.RATH

ARIJIT PASAYAT, J.


( 1 ) THIS is an application questioning correctness of order dated 18-12-1993 passed by learned Sub-divisional Judicial Magistrate, Berhampur (in short, the 'sdjm') invoking power under Section 156 (3) of the Code of Criminal Procedure, 1973 (in short, the 'code'), and directing investigation.

( 2 ) BACKGROUND facts are as follows :a complaint was filed by opposite party No. 1 before the learned SDJM alleging various acts, which according to the complainant constituted offences punishable under Sections 302, 341, 406, 506, 498 (A) read with Section 34 of the Indian Penal Code, 1860 (in short, 'ipc'), and Section 4 of the Dowry Prohibition Act, 1961 (in short, the 'dowry Act' ). On receipt of complaint, the learned Magistrate felt that before proceeding under Section 200 of the Code, it was necessary to send the complaint petition to the Police for investigation under Section 156 (3) of the Code. The original complaint was sent to the Inspector-in-charge of B. N. Pur Police Station as according to him the alleged occurrence took place within the jurisdiction of said Police Station. The Inspector-incharge of the Police Station was directed to register a case and




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