The apex court said that the magistrate while passing the order under Section 156 (3) of the CrPC has totally failed to consider the law laid down by the highest court.The power under Section 156 (3) of the Criminal Procedure Code, 1973 (CrPC) can be exercised by the magistrate to direct the police to conduct investigation only in respect of a cognisable offence.”In any case, when the complaint was not supported by an affidavit, the Magistrate ought not to have entertained the application under Section 156 (3) of the CrPC.”We are, therefore, of the considered view that, continuation of the present proceedings would amount to nothing but an abuse of process of law,” the bench said.
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