Category: 156 Code of Criminal Procedure
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Whether a Magistrate can stop an investigation by Police?
It is settled law that a Judicial Magistrate does not have any Inherent Jurisdiction. The role and power of the Magistrate is confined within the four walls of the Code of Criminal Procedure, 1973. In other words, the Magistrate cannot cause to be done anything that has not been explicitly empowered by the Code. An…
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Whether an Executive Magistrate can issue direction to Police for registration of FIR?
The interesting question that arose in the case of Naman Singh v. State of U.P., (2019) 2 SCC 344 : (2019) 1 SCC (Cri) 737 : 2018 SCC OnLine SC 2805 at page 345 was whether an Executive Magistrate was empowered under Section 156(3) Cr.P.C. to issue a direction the police for the registration of an FIR.…