Querist :
Anonymous
(Querist) 29 October 2010
This query is : Resolved
as the police report with respect to the invesigation u/s.156 is given as per s.173(2), then as per which section the police report is given when the investigation is u/s.202?
s.subramanian
(Expert) 29 October 2010
It is also under the same section.
Devajyoti Barman
(Expert) 29 October 2010
The police does not submit any charge sheet. It also inquires so the court could decide on the issue of cognizance for the purpose of issuance of process.
Tarun Thakur
(Expert) 29 October 2010
section 202 of the code of criminal procedure deals with the postponement of the issue of process. when a magistrate complaint is filed under section 190 of the crpc and after recording of the evidence of witnesses under section 200 of the crpc, the magistrate may postpone the issue of process if he thinks that the accused persons reside outside the jurisdiction of court or the magistrate thinks fit that the matter should be investigated first by the police.
so do not get confused regarding the section 156 crpc, magistrate has the power to direct the police to register an FIR under section 156(3).
the police submits its report under section 173 which is called challan.
section 202 is applicable to both private complaint and magistrate directing to takee cognizance under section 190
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