prof s c pratihar (medical practitioner &legal studies) 15 June 2009

order to investigate u/s156(3)

ld j m passed an order for investigation by police since offence is disclosed by reason receipt of ac payee cheque by a jewellary shop. no original receipt issued, hence complaints made before a judicial magistrate. cri rev preferred against the order for quashing the cognizance and case stayed by high court u/s 401/482 crpc. my question is has the magistrate taken cognizance of the case?latest citation may pl be provided

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3 Replies

Swami Sadashiva Brahmendra Sar (Nil) 15 June 2009

Mere order for investigation does not amount to taking of cognizance by magistrate.

Akhil (Legal Advisor) 16 June 2009

Dear

If magistrate has pass an order for investigation,it means that IO of the are will investigate the matter and file his report before magistrate.If report is agianst you then magistrate will alo put questions to IO and after satisfying himself/herself on the report of IO,the magistrate will proceed further.Either take cognizance or dismiss the complaint.

Wait for the report of IO.