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ARTICLE · 13 JUNE 2024

Remedy Against Order Passed Under Section 156 (3) Of  CR.P.C.

The High Court while allowing the petition of the accused had held that the impugned order is made without any proper reasons and therefore, it is liable to be set aside.

IndiaLitigation, Mediation & Arbitration

Recently, the Hon'ble Supreme Court of India, dealt with an appeal titled M/s SAS Infratech Pvt. Ltd vs. State of Telangana & Anr. bearing Criminal Appeal No. 2574/20241 filed by the complainant against an order of Hon'ble High Court for the State of Telangana at Hyderabad which was decided vide judgment dated 14th May 2024. The High Court in the said case allowed a criminal petition under Section 482 of Cr. P.C. and set aside the order passed by Additional Metropolitan Magistrate under Section 156(3) Cr. P.C to investigate. The High Court while allowing the petition of the accused had held that the impugned order is made without any proper reasons and therefore, it is liable to be set aside. The High Court further held that if any FIR has been registered consequential to the impugned order, that FIR shall also stand set aside and the matter was remanded back to the trial Court to follow the procedure as contemplated under the Code of Criminal Procedure, 1973 and to

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