BROUGHT  TO YOU  BY   RAJEEV BHATJIWALE

MADHUBALA V/S SURESH KUMAR 1998 SCC (CRI)111==

complaint to magistrate disclosing cognizable  offence.  Direction by magistrate asking the police to register  a case and investigate into the same is not illegal.  In such a case the complaint transforms  itself into a first information report.  Even in the absence of a direction to  register a  case the police is bound to formally register a case and then investigate into the same.  On police report submitted under section 173 (2) after completion of investigation the magistrate may take cognizance under section 190 (1) (a).  Proper direction under section 156 (3) to the police would be "register a case treating the complaint as first information report and investigate into the same".

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Last modified: March 22, 2001