The Bombay High Court directed the Magistrate to give a hearing to the petitioner-complainant before accepting the Police report filed under Section 156(3) CrPC, ensuring compliance with settled legal principles prior to acceptance.
Directive to the Magistrate to give hearing to the petitioner-complainant before accepting the Police report.
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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2046 OF 2005
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Mr.Ashok M. Saraogi for the petitioner.
Mr.D.R. More, A.P.P., for the respondent-State
CORAM:S.S. PARKAR &
ANOOP V. MOHTA, JJ.
DATED: 6TH SEPTEMBER, 2005.
P.C.:
.Heard.
2.Mr.More states that pursuant to the
direction of the Magistrate, issued under
Section 156(3) of the Criminal Procedure Code,
the Police have investigated the case and
submitted their Report to the concerned
Magistrate on 15th April, 2005 stating therein
that no criminal case is made out and the
complaint is neither true nor false and,
therefore, they have filed B Summary Report.
3.It is well settled that before the
Report is accepted by the Magistrate against
the complainant, hearing will have to be given
to the complainant by issuing notice to him.
According to Mr.More, so far no order is passed
by the Magistrate on the said Report, accepting
or rejecting the B Summary Report filed by the
Police.
4.In view of the above, we direct the
learned Magistrate to give hearing to the
petitioner-complainant if he is inclined to
accept the Report filed by the Police.
5.With the aforesaid direction, this
Petition shall stand disposed of.
[S.S. PARKAR, J.]
[ANOOP V. MOHTA, J.]
1 issue framed by the court
Whether the Magistrate is required to give hearing to the complainant before accepting the Police report filed under Section 156(3) CrPC.
1 provisions across 1 enactments
Petitioner-Complainant
State
S.S. Parkar
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court