Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: ss.156(3) and 202(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:ss.156(3) and 202(1) - Investigation under- Scopeof - Complaint before Magistrate alleging forgery and seeking investigation u!s. 156(3) - The Magistrate insteaddirected the police to give report u/s. 202(1) - High Courtdeclined to interfere with the order- Held: The parametersfor exercise of power under both the provisions are different- Direction under 156(3) can be issued where an account of credibility of information is available, or weighing the interestof justice it is considered appropriate to straightaway directinvestigation - The nature of cases dealt with u/s. 202 arethose where material available are not clear to proceed further- The present case was primarily of civil nature - On the allegation of forgery, Magistrate did not find clear material toproceed against the accused - Therefore, the Magistraterightly passed direction u/s. 202 as in the facts of the case,direction u/s. 156(3) was not warranted. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2015 INSC 218 |
Petitioner | Ramdev Food Products Private Limited |
Respondent | State Of Gujarat |
SCR | [2015] 5 S.C.R. 283 |
Judgement Date | 2015-03-16 |
Case Number | 600 |
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