Supreme Court · 2006 INSC 1 · Decided 2 January 2006
MOHD. Yousuf v. SMT. Afaq Jahan and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 1 · [2006] 1 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 2/2006
- Decided
- 2 January 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 467, 468, 471; CrPC Section 156(3), 482, 156, 172, 202(I)
Headnote
B -, Code of Criminal Procedure, 1973: Section 156 (3)--Complaint before Magistrate-Before taking cognizance of the offence, direction by Magistrate to police to register FIR and investigate c the case-Propriety of-Held: It is not i//ega/ for a Judicial Magistrate to order investigation of a case to Magistrate to direct the police to register FIR while directing investigation. Sections 156 (3) and 202-Power of Magistrate to direct-Under both D the provisions-Difference between-Discussed. Words & Phrases: 'Complaint '-Meaning of in the context of Code of Criminal Procedure, 1973.
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