Supreme Court of India
Sadiq B. Hanchinmani v. The State of Karnataka & Ors. R1: the State of Karnataka R2: Chndrumal R3: Sanjay R4: Nandkumar R5: Vijay
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What the Court ordered
Before parting, it is made clear that the observations made in this Judgment are only for the purposes of considering the issue(s) before us and shall neither prejudice nor aid the parties in any proceedings pending inter-se.
Judgment, page 18
From the headnote
Issue for Consideration Issue arose whether the direction for investigation to the police issued by the JMFC-Judicial Magistrate First Class u/s.156(3) CrPC which was quashed by the impugned orders, justified; and whether the JMFC had sufficient material before it so as to justify the course of action of referring the matter for investigation to the police invoking power u/s.156(3) of the Code, resulting in the institution of the FIR. Headnotes† Code of Criminal Procedure, 1973 – ss.156(3), 482 – Investigation – Private complaint by the appellant-complainant before the JMFC-Judicial
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