The court held that a private complaint petitioner cannot simultaneously seek a direction for an FIR under Section 156(3) CrPC and must instead file a revision application against the impugned order.
Petition disposed with remedy of Revision Application kept open.
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77-wp-1831-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1831 OF 2014
Ashok Nivrutti More...Petitioner
vs.
Mohan Nivrutti More & Ors.....Respondents
Mr.Rupesh Bobde for the Petitioner.
Mrs.M.H.Mhatre, APP for the State.
CORAM : V.M. KANADE &
P.D. KODE JJ.
JUNE 17, 2014
P.C.
.The grievance of the petitioner is that
instead of passing an order under Section 156(3) of
Code of Criminal Procedure directing the police to
investigate into the case, the Magistrate has
observed that this is not a fit case for giving the
said direction.
2.The petitioner having filed a private
complaint, can not now simultaneously pray for the
direction to be given to the police to file an
F.I.R. The petitioner can challenge the order
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Vishal
77-wp-1831-2014
passed by the Magistrate by filing a Revision
Application. Keeping the said remedy open, the
petition is disposed of.
2/2
Vishal
1 issue framed by the court
Whether a private complaint filer can simultaneously pray for a direction to the police to file an FIR under Section 156(3) CrPC.
1 provisions across 1 enactments
Ashok Nivrutti More
Mohan Nivrutti More & Ors
V.M. KANADE
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court