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09/10/2022 at 22:46
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CRPC Section 210(1)
Ambikesh Mohapatra & ors. V. Laxmipriya Manna.((2013) 54 OCR 189)
B.K.NAYAK, J.
Calling for police report –Complainant approached the police to take action against the accused –No
averment that police accepted the F.I.R and proceeded with investigation or having registered the case
delayed the investigation –Held, calling for police report by Magistrate was unjustified and suffer from non- application of mind.
S. 190-At the stage of cognizance, the Magistrate has to reach a prima facie satisfaction –He has not to scrutinize the evidence to find out whether it is sufficient for conviction.