MAHENDRA KUMAR VS STATE OF RAJASTHAN
- Court
- Rajasthan High Court
- Bench
- Jodhpur
- Date
- 19 May 2026
- Citation / case number
- CRLMP / 4122 / 2021
Summary
The petitioner sought to set aside rejection of his application under Section 156(3) Cr.P.C. HELD- Prior sanction under Section 197 Cr.P.C. is not required for FIR registration or investigation; it is relevant at cognizance. The Magistrate’s order was set aside and the matter remanded for fresh consideration. If the complaint prima facie discloses cognizable offences, the Magistrate must refer it to police for FIR and investigation.
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