In Brief
A rape complainant applied to a Magistrate under Section 156(3) of the Criminal Procedure Code to direct police to register an FIR after they refused. The Magistrate dismissed her application citing delay (two years) and credibility concerns. The High Court quashed this, holding the Magistrate cannot verify allegations' veracity at this stage. The Supreme Court partly allowed the accused's appeal, affirming remand but setting aside the Magistrate's subsequent automatic FIR registration. The Court clarified that while allegations must prima facie disclose a cognizable offence, a Magistrate must judiciously exercise discretion—either directing investigation, taking cognizance under Section 202, or permitting preliminary inquiry—but cannot dismiss complaints on merits grounds alone at the pre-cognizance stage.
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