2020 (12) TMI 380

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....06, 403/34 of the Indian Penal Code. 2. The main contention of the petitioners is that the Court below could not have referred the complaint being C/1 Case No.2931 of 2014 under Section 156(3) of the Code of Criminal Procedure for registering a First Information Report. Counsel for the petitioners submits that registering of the First Information Report in terms of Section 156(3) of the Code of Criminal Procedure is absolutely bad, as the complaint is not on affidavit. Counsel for the petitioners refers to the judgment of the Hon'ble Supreme Court, in the case of Priyanka Srivastava & Another versus the State of Uttar Pradesh & Others reported in (2015) 6 SCC 287 in support of his contention. He further submits that the order under Sec....

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...., the counsel appearing for the opposite party No.2 admits that the orders are absolutely cryptic. 4. A complaint was filed under Section 420, 403, 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The said complaint was registered as C/1 Case No.2931 of 2014. On the first page of the said complaint, the Court below endorsed for registering a First Information Report under Section 156(3) of the Code of Criminal Procedure on 26.07.2014. The endorsement is as follows: - "156(3) Cr.P.C." 5. This is the only material, which has been mentioned by the Magistrate and on that basis, matter was sent to the Police Station and the First Information Report was registered. Further, when I go through the complaint, I find....