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Magistrate Can't Order Investigation By SHO Of Police Station Outside His Territorial Jurisdiction
Nishu Wadhwa vs Siddharth Wadhwa & Anr
W.P.(CRL) 1253/2016 and Crl. M.A. No.6591/2016 (Stay)
About/from the judgment:
Magistrate Can't Order Investigation By SHO Of Police Station Outside His Territorial Jurisdiction.
A bare reading of Section 156(3) Cr.P.C. shows that the Magistrate is empowered to direct investigation into the allegation of cognizable offence which he has jurisdiction to enquire into or try if after taking recourse to Sections 154 and 154(3) Cr.P.C., no FIR is registered. If Section 156(3) Cr.P.C. empower the Magistrate to direct the police officer concern to register FIR and investigate the offences alleged, the same would mean all the offences mentioned in the complaint. The police officer who registers FIR and enter into investigation cannot decline to investigate some offences and leave other if on the allegations in the FIR, the same are found to be made out. The veracity of the allegations has to be seen during investigation and at this stage investigation into each of the offences mentioned in the FIR is required to be done.
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