RAKHI PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD .

(2.) BY this petition, the petitioner seeks to invoke the supervisory jurisdiction under Article 227 of the Constitution of India against the order dated 29 -4 -2011 passed by the Judicial Magistrate First Class, Sarangarh in an unregistered criminal complaint case of the year 2008 (Prem Sagar Patel v. Jailal Sarthi and others), whereby the Judicial Magistrate First Class has directed for registration of the First Information Report (for short 'the FIR') and investigation under Section 156 (3) of the Code of Criminal Procedure, 1973 (for short 'the Code').

(3.) LEARNED counsel for the petitioner places reliance in the matter of Mohd. Yousuf Vs. Afaq Jahan (Smt) and another in which the Supreme Court has held that after taking cognizance of the offence on the basis of complaint, the Magistrate is empowered to proceed under Section 202 (1) of the Code and same is different from investigation under Section 156 (3) of the Code.