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Not Lawful for Magistrate to Direct Preliminary Inquiry Into Sexual Assault Allegations in Section 156(3) CrPC Application: Allahabad High Court

05 Nov 2024 3 min read
Not Lawful for Magistrate to Direct Preliminary Inquiry Into Sexual Assault Allegations in Section 156(3) CrPC Application: Allahabad High Court

In a recent judgment, the Allahabad High Court emphasized that a Magistrate handling an application under Section 156(3) of the Criminal Procedure Code (CrPC) cannot order a preliminary investigation or rely on a police report favoring the accused, especially in cases involving allegations of sexual assault. This ruling reinforces the guidelines set by the Supreme Court in past judgments and highlights the need for a Magistrate to directly address such…

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