Power to order inquiry
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Summary
High Court or a Sessions Judge, while reviewing records, can direct the Chief Judicial Magistrate or any subordinate magistrate to carry out further inquiry into a complaint previously dismissed on preliminary examination or into the case of a person who was discharged. Before ordering inquiry into a discharged person’s case, the court must give that person a chance to show cause against the direction.
Example
Priya files a complaint that the magistrate dismisses on preliminary examination. On review, the Sessions Judge directs the Chief Judicial Magistrate to order further inquiry into Priya’s complaint. The magistrate reopens the matter and conducts the inquiry ordered by the Sessions Judge.
Bare Act
Enacted textOn examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 of Sub-Section (4) of section 204 or into the case of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.
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