dismissed Criminal Writ Petition seeking interference with an order under Section 156(3) Cr.P.C. directing police investigation in a private complaint case, holding no unfettered power to direct police investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
Criminal Writ Petition No.1259 of 2008
Alok Sudhir Sethi
Petitioner
Vs.
The State of Maharashtra & anr.
Respondents
Mr.Manoharlal Sharma for petitioner. Mrs.A.S.Pai, APP for State.
CORAM: B.H.MARLAPALLE & R.Y.GANOO,JJ.
June 27, 2008
P.C.
Heard Mr.Sharma, the learned counsel for the
| . petitioner. |
We |
. have |
, |
gone through |
the | complaint |
|---|---|---|---|---|---|---|
| presented | before | the | learned Judicial |
Magistrate, | ||
| First C |
lass at |
Nashik | i.e. | C.C.No.165 of |
2008 | and we |
| have n |
o doubt |
that | the | complaint makes out |
a |
case for |
| investigation | by | the |
police | and the lea |
rned | Magistrate |
| has pa |
ssed |
an orde |
r | under Section 156(3) |
of | Cr.P.C. |
| directing | the | police | to | cause investigation. |
It | is |
| for the |
police | to | subm | it a report to |
the | learned |
| Judicial | Magist | rate |
First | Class and und |
oubtedly | under |
| Section | 203 of |
Cr.P.C |
. | the Magistrate ha |
s the |
powers |
| to dismiss |
the co |
mplaint | if | no case is made |
out | in the |
| police | report. | Eve | n | otherwise the |
petitioner | can |
apply for discharge under Section 239 of Cr.P.C. as
well.
2
. Hence no interference is called for and the
petition is rejected summarily.
(R.Y.GANOO,J.)
(B.H.MARLAPALLE,J.)
1 issue framed by the court
Whether the High Court should interfere with the order under Section 156(3) Cr.P.C. directing police investigation without investigating the case itself.
3 provisions across 1 enactments
Alok Sudhir Sethi
The State of Maharashtra
B.H.MARLAPALLE
R.Y.GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
