Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court
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“We are of the opinion that the directions given by this Court in Mrs. Priyanka Srivastava & Anr. v. State of Uttar Pradesh & Ors. are mandatory. However, in the facts of the present case, we find that the informant had furnished the affidavit, though belatedly.” applications under Section 156(3) of
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- “We are of the opinion that the directions given by this Court in Mrs. Priyanka Srivastava & Anr. v. State of Uttar Pradesh & Ors. are mandatory. However, in the facts of the present case, we find that the informant had furnished the affidavit, though belatedly.”
- applications under Section 156(3) of CrPC are to be supported by an affidavit of the applicant who seeks the invocation of the Magistrate's jurisdiction. It may be noted that any judicial magistrate may order an investigation under Section 156(3) of CrPC before taking notice of the offence.
- The Court observed that such applications are being filed routinely without taking any responsibility and only to harass certain persons. Therefore, in the judgment, Magistrates were advised to verify the truth and veracity of the allegations. This affidavit can make the applicant more responsible, the Court added.
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