2008 CRI. L. J. 3761 ::2008 (4) AIR Bom R 437 ::2008 (1) Bom CR(Cri) 946 ::2008 All MR(CRI) 1013

Bombay High Court

Hon'ble Judge(s): V. R. Kingaonkar , J

(A) Criminal P.C. (2 of 1974) , S.156(3), S.397— Order directing police investigation - Interference by Superior Courts - Should normally be in exceptional circumstances. Orders under Section 156(3) of Criminal Procedure Code merely mean that an alleged cognizable offence should be investigated. It should not normally be open to the accused to say before the revisional or the High Court that the allegation about a cognizable offence should not even be investigated. Thus interference by superior Courts with an order of a Magistrate u/S. 156(3) should normally be confined to cases in which there are some very exceptional circumstances.(Para 10) (B) Criminal P.C. (2 of 1974) , S.156(3)— Order directing police investigation - By passing Cryptic Order - Magistrate is not bound to pass elaborate order while exercising powers u/S.156(3). (Para 8) (C) Criminal P.C. (2 of 1974) , S.156(3)— Order directing Police investigation - Once Magistrate perused complaint with view to apply his judicial mind and proceeded to record verified statement of complainant it amounts to 'taking of cognizance' - Exercise of powers thereafter u/S.156(3), not permissible. ....