Fresh consideration of complaint under section 156(3) ordered after earlier refusal failed to address the facts

The complaint's rejection and refusal to issue directions under section 156(3) of the Code of Criminal Procedure, 1973 were found to warrant fresh consideration because the earlier order was said to have cited precedents without applying them to the facts or addressing the relevant material. By consent, the matter was remanded to the Metropolitan Magistrate for reconsideration, with a direction to decide the complaint afresh and independently of the present observations.

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Issues: Whether the matter required remand to the concerned court for fresh consideration of the complaint and the request for directions under section 156(3) of the Code of Criminal Procedure, 1973.

Analysis: The petition challenged the rejection of the complaint and the refusal to issue directions under section 156(3). The Court noted the grievance that the earlier order had referred to precedents without applying the law to the facts or discussing the relevant facts. The parties agreed that the matter should go back to the concerned court for reconsideration. The Metropolitan Magistrate was directed to decide the matter afresh and without being influenced by observations made in the present order.

Conclusion: The matter was remanded for fresh adjudication and the petition was disposed of accordingly.

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