Published on: 28 July 2023 at 09:43 IST
Court: Supreme Court
Citation: Kailash Vijayvargiya V. Rajlakshmi Chaudhuri (2023)
Honourable Supreme Court of India has held that the Magistrate can issue directions under section 156(3) of the Code of Criminal Procedure, 1973 or whether he can take cognizance under provision of Section 200 of the Code of Criminal Procedure, 1973 and follow the procedure under section 202 of the Code of Criminal Procedure, 1973. It is further held that the Magistrate can issue directions for preliminary enquiry by the Police in terms of the law laid down by this Court in the case of Lalita Kumari.
85. In view of the above and for the reasons stated above, while affirming the impugned judgment and order passed by the High Court remanding the matter back to the learned Magistrate, we set aside the subsequent order passed by the Magistrate on remand, pursuant to the impugned judgment and order passed by the High Court and remit the matter back to the learned Magistrate to examine and apply his judicial mind and then exercise discretion whether or not to issue directions under section 156(3) or whether he can take cognizance and follow the procedure under section 202.
He can also direct the preliminary enquiry by the police in terms of the law laid down by this Court in the case of Lalita Kumari (supra). Copies of the papers and documents filed before the High Court and this Court could also be forwarded and brought on record of the Magistrate, who would thereupon examine and consider the matter. As observed hereinabove, the complainant/informant would be entitled to question the genuineness of the contents of the said documents.
Drafted By Abhijit Mishra