[24/04, 20:20] DURAIVAIYAPURI Mhc Advt: WHAT IF THE POLICE OFFICER FAILED TO REGISTER THE FIR INLIGHT OF THE DIRECTION ISSUED BY THE MAGISTRATE UNDER SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE?
The Hon’ble Madras High Court in the case of “Sugesan Transport Pvt. Ltd -Vs- The Assistant Commissioner of Police and another reported in (2016) 5 CTC 577 = (2016) 3 MWN (Cri) 236 = (2016) 2 LW (Cri) 499 held that: –
Despite the order of the Magistrate under Section 156(3), Cr.P.C., if the police do not register an FIR, the Magistrate can initiate prosecution against the Station House Officer under Section 21 read with Section 44 of the District Police Act before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate. Such a prosecution can also be launched by the complainant before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate and not before the Magistrate who had issued the direction under Section 156(3), Cr.P.C.
Article by E.Duraivaiyapuri, Advocate,
YMCA Building,
Chennai – 1.
[24/04, 20:22] sekarreporter1: 👍👍
[24/04, 20:20] DURAIVAIYAPURI Mhc Advt: WHAT IF THE POLICE OFFICER FAILED TO REGISTER THE FIR INLIGHT OF THE DIRECTION ISSUED BY THE MAGISTRATE UNDER SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE?
The Hon’ble Madras High Court in the case of “Sugesan Transport Pvt. Ltd -Vs- The Assistant Commissioner of Police and another reported in (2016) 5 CTC 577 = (2016) 3 MWN (Cri) 236 = (2016) 2 LW (Cri) 499 held that: –
Despite the order of the Magistrate under Section 156(3), Cr.P.C., if the police do not register an FIR, the Magistrate can initiate prosecution against the Station House Officer under Section 21 read with Section 44 of the District Police Act before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate. Such a prosecution can also be launched by the complainant before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate and not before the Magistrate who had issued the direction under Section 156(3), Cr.P.C.
Article by E.Duraivaiyapuri, Advocate,
YMCA Building,
Chennai – 1.
[24/04, 20:22] sekarreporter1: 👍👍
