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SECTION 156 OF CR.P.C. – AN UNDERSTANDING

Section 156 of Cr.P.C. allows Police to conduct investigation into any cognizable case without the order of the concerned Magistrate under which the Police Station and / or the Investigation Officer functions and no proceedings of theirs be questioned by the Court at any stage.

Otherwise Clause 3 of Section 156 empowers Court to direct the Respondent Police to conduct investigation provided it receives a Complaint of facts stating commission of cognizable offence.

Such need arise only when Police refuses to take a Complaint from an aggrieved person and or his Complaint been rejected by them, then the remedy lies to the aggrieved one is, to institute a Direction Petition under Section 156 [3] of Cr. P.C. in concerned Jurisdictional Court.

The Court prima facie sees whether the Complaint carried facts on offence then it will direct the Respondent Police to investigate the Complaint and file its report. Normally, the Police upon receipt of the Order files an FIR and proceeds with the inquiry and then institute a case in the Court under Section 173 of Cr.P.C.

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