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Bajaj Order

The document is an order from the Judicial Magistrate regarding an application filed by the complainant seeking police investigation under section 156(3) of the Code of Criminal Procedure. The court found sufficient grounds to direct the Latur Rural Police Station to register an FIR and conduct an investigation based on the allegations presented. The proceedings under section 156(3) are terminated following a relevant judgment from the Bombay High Court.

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13 views2 pages

Bajaj Order

The document is an order from the Judicial Magistrate regarding an application filed by the complainant seeking police investigation under section 156(3) of the Code of Criminal Procedure. The court found sufficient grounds to direct the Latur Rural Police Station to register an FIR and conduct an investigation based on the allegations presented. The proceedings under section 156(3) are terminated following a relevant judgment from the Bombay High Court.

Uploaded by

prasad vaidya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MHLA030042982022

Cri. M. A.857/2022
(Omprakash Vs. Gopal)

ORDER BELOW EXH.1

Heard the learned advocate for complainant/applicant.

2. This is an application seeking directions to the police to


investigate the matter under section 156(3) of the Code of Criminal
Procedure (in short 'Cr. P. C.). The application is supported by an
affidavit duly sworn by the applicant, who seeks invocation of the
jurisdiction of this Court under section 156(3).

3. I have perused the complaint/application and documents


annexed herewith, which include Xerox copies of registered sale deed
bearing day book No.2956/2015, 2833/2016, 7101/2019 and
2676/2020 and copy of complaint to Additional Superintendent of
Police.

4. I have given thoughtful consideration to the allegations


made in the complaint and submissions made.

5. The complainant has brought to the notice of this Court


that despite intimation to the police section 154(1) and 154(3) to P. S.
O., Latur Rural Police Station, Latur and Superintendent of Police,
Latur, have failed to act and investigate a cognizable offence in
accordance with law. Both the aspects have been clearly spelt out in
the applications and necessary documents to that effect are filed on
record.
2 Cri. M. A. No.857/2022
Omprakash vs. Gopal

6. Upon reading of the complaint, I find that the allegations


in the complaint/application disclose cognizable offence and
forwarding of the complaint to the police for investigation under
section 156(3) will be conducive to justice. Thus, there is justification
to direct the police to register crime under section 156(3) Cr. P. C.
More so when the documentary evidence placed on record clearly
establishes the credibility and genuineness of the complainant's
allegations against the accused persons.

7. For the aforesaid reasons, it would be appropriate to


direct the P. S. O., Latur Rural Police Station, Latur to register an
F.I.R. and conduct investigation in accordance with law. Hence, the
following order is made;

ORDER
1. P. S. O., Latur Rural Police Station, Latur is directed to
register an F.I.R. and investigate the same under section
156(3) of the Code of Criminal Procedure, 1973.

2. The proceeding under section 156(3) of the Code is


terminated in view of judgment of Hon'ble Bombay High
Court in the case of Avinash Trimbakrao Dhongde
(Criminal Wrti Petition No.159/2014 decided on
21st October, 2015). Digitally signed by
JYOTI JAGANNATH
MANE
Date: 2022.09.28
14:55:33 +0530

Latur ( Jyoti J. Mane )


Date : 26/09/2022 Judicial Magistrate F.C.,
(Court No.2), Latur

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