Criminal Procedure Code, 1973
Sections 156(3)—Non-compliance of preconditions before ordering investigation—Effect on final report—Challenge to the order of cognizance of offence under Section 406 of IPC—Preconditions to be satisfied before seeking investigation under Section 156(3) of CrPC before a Magistrate are : 1) Where applications under Section 156(3) of CrPC are to be supported by an affidavit duly sworn by complainant who seeks the invocation of jurisdiction of the Magistrate; 2) In an appropriate case, the Magistrate would be well advised to verify the truth and also verify the veracity of the allegations; and 3) Prior to the filing of a petition under Section 156(3) of CrPC, there have to be applications under Section 154(1) and 154(3) of CrPC—In view of the protection of under Section 465(2) of CrPC, violation or non-compliance of preconditions would not make the investigation and the final report thereof non-est—Order of cognizance doesn’t require any interference since there is no failure of justice involved. [Indian Penal Code, 1860, Section 406]
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