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GURPAL SINGH AHLUWALIA
Lakhiram Ramchandani, S/o. Late Thavardas – Appellant
Versus
State Of Madhya Pradesh, Through P. S. Waraseoni, District Balaghat (Madhya Pradesh) – Respondent
ORDER :
(Gurpal Singh Ahluwalia, J.)
This application under Section 482 of Cr.P.C. has been filed seeking the following reliefs:-
2. It is submitted by counsel for applicants that respondent No. 2 had filed W.P. No. 7765/2021 seeking a direction to consider his complaint and accordingly, the Coordinate Bench of this Court by order dated 06.04.2021 disposed of the petition with a direction to the Town Inspector, Police Station Waraseoni, District Balaghat that if the respondent No. 2 files a complaint within 7 days along with a certified copy of the order passed in W.P. No.7765/2021, then the same shall be considered and decided in accordance with law, as mentioned in the order dated 24.12.2020 passed in W.P. No. 18878/2020. Accordingly, the res
The court affirmed that a Magistrate can issue an order under Section 156(3) of Cr.P.C. after a revision, even if a prior complaint was dismissed, emphasizing the need for proper procedural adherence....
The main legal point established in the judgment is the necessity for judicial reasoning and compliance with Sections 154(1) and 154(3) of the CrPC before resorting to Section 156(3) of the CrPC, as ....
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....
The magistrate must ensure a complaint discloses a cognizable offence before directing police investigation under Section 156(3) Cr.P.C., and a detailed affidavit is required to support such applicat....
Applications under Sec. 156(3) of the Cr.P.C. must be supported by a sworn affidavit to ensure accountability and prevent frivolous litigation.
A Magistrate must not express views on the merits of a case when directing an investigation under Section 156(3) of the Cr.P.C., as it may compromise the integrity of the investigation.
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