Legal Question in Criminal Law in India

Re: Bad order u/s 156(3)

No, the order u/s 156 (3) is passed ONLY on perusal of the complaint and no speaking order is required to be passed. The very decision to refer the case to police 156 (3) means that the court has decided not to apply its mind to the evidence; and that the court would like the police to investigate the case after registration of FIR.

Re: Bad order u/s 156(3)

it is an option open to the magistrate either to direct the complainant to lead pre summoning evidence or to order the registration of f.i.r. u/s 156(3) of criminal procedure code. the magistrate has to be convinced whether after perusing the contents of the complaint, an offence is made out or not. in case the order is passed illegally, the affected party may file a petition in the high court.

Re: Bad order u/s 156(3)

No need to examine complainant for passing an Order U/s.156(3). Further, at the stage of 156(3) no evidence is lead before the court.

Re: Bad order u/s 156(3)

No need to examine complainant for passing an Order U/s.156(3). Further, at the stage of 156(3) no evidence is lead before the court.

Re: Bad order u/s 156(3)

The order is only for investigation of an offence. The Magistrate can at his option ask police or do it himself. It is not a sine qua non for him to examine the complainant nor evidence need to be perused

Re: Bad order u/s 156(3)

yes however same can be well challnged in Revision or Petition u/s 482 of CrPC