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Om Prakash Ambadkar vs. State of Maharashtra & Ors. (SC)

52.00 5.20

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Code of Criminal Procedure, 1973–Secs. 156(3) & 200 [Corresponding Secs. 175(3) & 223 of BNSS, 2023]–Scope–If the allegations made in the complaint are simple, the Court can straightaway proceed to conduct the trial, the Magistrate is expected to record evidence and proceed further in the matter instead of passing the buck to the Police u/s. 156(3)–If the allegations made in the complaint require complex and complicated investigation which cannot be undertaken without active assistance and expertise of the State machinery, it would be appropriate for the Magistrate to direct investigation by the police authorities–The Magistrate is not supposed to act merely as a Post Office and needs to adopt a judicial approach while considering an application seeking investigation by the Police.