Feran Singh vs State Of Madhya Pradesh CrA 838/2024 – Ss 156(3), 190, 200, 173(2) CrPC –

Code of Criminal Procedure, 1973; Section 156(3) – When the allegation in the complaint is with respect to commission of offence(s) triable by Court of Sessions it would be proper for the Magistrate to order for investigation under Section 156 (3), Cr.P.C. instead of conducting the enquiry by himself. (Para 6)

Code of Criminal Procedure, 1973; Section 156(3) – Referred to Yashwant Dhage v. State of Maharashtra [(2016) 6 SCC 273] -to enable the police to start investigation, it was open to the Magistrate to direct the police to register an FIR and even where a Magistrate did not do so in explicit words but directed for investigation under Section 156 (3) of the Code, the police should register an FIR as Section 156 falls within Chapter XII Cr. P.C which deals with powers of the police officers to investigate cognizable offences, the police officer concerned would always be in a better position to take further steps as contemplated in Chapter XII once an FIR is registered in respect of the concerned cognizable offence. Once an FIR is so registered, it is mandatory for the investigating agency to file a report in accordance with law Section 173 (2), Cr.P.C. before the Court concerned. (Para 6)

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