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In a complaint proceeding, Does the Magistrate have two options : nn1- Take direct cognizance under


27-Mar-2023 (In Criminal Law)
In a complaint proceeding, Does the Magistrate have two options : nn1- Take direct cognizance under 190? Or nn2- Order investigation under 156(3) when it's a cog offence and 155(2) when it's a non cog case? nnIs this procedure correct?
Answers (1)

Answer #1
927 votes
in a complaint case magistrate takes the direct cognizance when we file a complaint case under section 156(3) and 200 and if the court is satisfied it orders the police to do the respective investigation. if the Fir or complaint already been made to the respective police station and it didn't take any action in that case court asks and the police is accountable to tell as to why they didn't take the cognizance. and all this happens once the court is satisfied about its jurisdiction.
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