5. In the opinion of this Court, the Magistrate cannot be compel to pass orders under Section 156[3] Cr.P.C. If the Magistrate decides to proceed under Section 200 Cr.P.C., the complainant cannot insist upon the Magistrate to order a police enquiry under Section 156[3] Cr.P.C., since the Police cannot be used through the orders of the Magistrate to settle the private disputes. In this case, the Magistrate had decided to proceed further under Section 200 Cr.P.C. and has called upon the complainant and witnesses to give their sworn statement, which cannot be said to be illegal in the facts and circumstances of the present case. The Magistrate also has power under Section 202 Cr.P.C., to order policing investigation after taking cognizance, if necessary.
PARTY: M.M.Sajitha Fathima vs State Rep. by The Inspector of Police, Neelangarai Police Station, Chennai – Crl.O.P.No. 18651 of 2018 and Crl.M.P.No. 9831 of 2018 – 24.07.2018.
