Legal Question in Criminal Law in India
Whether a judicial magistrate first class holding inquiry u/s 202 Cr.Pc after cognizance has been taken on complaint by the CJM and made over u/s 192 Cr.pc to him, direct an investigation, when he (JM-1st) has examined the complainant and rest witnesses on oath?
Asked on 1/21/11, 6:20 am
1 Answer from Attorneys
Shrichand Nahar
S.V.Nahar, Advocate
Investigation contemplated by Cr.P.C. is one under Chapter XII as also under Chpater XIV.
In an inquiry under section 202, a Magistrate can certainly order an investigation by police contemplated by section 202.
However, in an investigation under section 202, police are not required to register a FIR as also they don't have powers of arrest.
Answered on 1/21/11, 9:16 pm
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