Criminal Procedure Code, 1973
Section 156(3)—Order directing registration of FIR—Challenged—Once the Magistrate has proceeded to record preliminary statement of the complainant then direction under Section 156(3) of CrPC for registration of FIR cannot be issued as the same can be issued only at a pre-cognizance stage—Impugned order and FIR are quashed.
[Paras 9 & 10]
Decision : Petition allowed