PC on orders u/s 156 (3) Cr PC in P C Act cases

Please read "PE" in place of "PC" in the topic for my question.

D. C. Jain

Res Jain Ji

Sec. 156(3) CrPC is most used/misused section. Before proceeding on the application u/s 156(3) the magistrate is to satisfy himself to proceed the case or not. This can be done by him himself or through police or registering FIR. I do not know the cases in Rajasthan but Hon'ble  Allahabad High court has decided the powers of magistrate u/s 156(3). Since I have seen the misuse of this section so i have some collection of cases which may be helpful to you in arriving at conclusion .

Pls do tell me whether my collection helped or not.

sanjeev

Thanks a lot Sanjeev for the trouble you took to answer my query and attaching useful judgments. My query however still remains unanswered. It basically relates to order of magistrate/special court u/s 156 (3) crpc  on cases relating to the prevention of corruption act cases. Is it legally valid to register a PE on such order instead of FIR?

D. C. Jain

Sir,

Pls find enclosed the attachments/judgement  which I hope will serve your both queries

sanjeev

Sir,

Pls find enclosed the attachments/judgement  which I hope will serve your both queries

sanjeev

can majistrate order preliminary investigation under section 156(3) c.r.p.c even if the documents and evidence clearly shows occurence of cognizable offence such as m.l.r -x-ray report and doctor opinion.

Any criminal case envisages final judgement based on the offence having been proved beyond doubt. The phrase beyond doubt here is very important and hence the court is right in calling all the documentary evidence or conducting PE/PI. Litigants must not forget the court has some discretionary powers.