https://www.taxtmi.com/caselaws?id=401581 A Magistrate's direction under Section 156(3) CrPC is invalid when the complaint is not supported by affidavit and does not show prior recourse to Sections 154(1) and 154(3); the power must be exercised with application of mind, not mechanically. On that basis, the referral for FIR registration was set aside. The connected order taking cognizance and issuing summons was also unsustainable because it was cryptic, non-speaking, and derived from the defective referral. The matter was restored to proceed as an ordinary complaint case under Chapter XV CrPC, while the impugned referral and consequential proceedings were annulled. en-us Tue, 01 Dec 2020 00:00:00 +0530 Fri, 11 Dec 2020 13:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401581 A Magistrate's direction under Section 156(3) CrPC is invalid when the complaint is not supported by affidavit and does not show prior recourse to Sections 154(1) and 154(3); the power must be exercised with application of mind, not mechanically. On that basis, the referral for FIR registration was set aside. The connected order taking cognizance and issuing summons was also unsustainable because it was cryptic, non-speaking, and derived from the defective referral. The matter was restored to proceed as an ordinary complaint case under Chapter XV CrPC, while the impugned referral and consequential proceedings were annulled. Case-Laws Indian Laws Tue, 01 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401581