Supreme Court: No Need To Examine Complainant Before Ordering Investigation Under Section 156(3) CrPC
Case: M/s Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd vs State of Maharashtra and another
Coram: Justices DY Chandrachud and MR Shah
Case No: Criminal Appeal No. 680 of 2021
Court Observation: “Any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein”
“The High Court has evidently not been apprised of the above judgments for, if it was, it would not have proceeded to formulate a principle which is contrary to the line of precedent of this Court”
“The High Court has erred both in law and in its evaluation of the facts”
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Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme Court – Directly Download Judgment
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