First order 202 of cr.pc later on pass the order of 156 (3)
kavita vishwakarma
(Querist) 30 November 2012
This query is : Resolved
in my case the judge at first instance passed the order of 202 of crpc and to submit police report.the police submitted the report in favour of complaiant.after the receipt of report judge pass the 156 (3) order?
is there any judgement which say that even at first the 202 order pass and later on 156 (3) order pass is legal? the matter notqueshed?
2.can the accused challange the interlocutory order?
Raj Kumar Makkad
(Expert) 30 November 2012
If the judge on reciept of police report filed under section 202 Criminal procedure Code has found enough material leading him order to lodge FIR and do further enquiry then such order is not illegal and within the powers of the magistrate. The accused person can go in revision as the same is a final order in the complaint on the part of trial magistrate.
Mayank Saxena
(Expert) 30 November 2012
Yes I agree with the expert
V R SHROFF
(Expert) 30 November 2012
Judge used his discretionery power. He rightly asked Police Report by 202, and then passed order u/s 156(3).
