JUDGEMENT
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(1.) List has been revised.
(2.) Heard Sri D.K.Srivastava, Advocate holding brief of Sri Rajeev Sisodia, learned AGA and perused the record.
(3.) Smt. Vinod Kumari, applicant has moved an application dated 17.06.2006 before court of ACJM, III, Bijnor with the averement that her husband Sanjay Kumar is planning to solemnize second marriage without divorcing her and suit of divorce is pending in the Court. The other relatives of her husband are helping in his proposed marriage, therefore, case for such offence be registered and investigated. After hearing on this application under Section 156(3) Cr.P.C., Court below had allowed the same and passed order dated 11.07.2006 and directed the police to register the case and investigate the matter. This impugned order dated 11.07.2006 has been challenged in the present revision.
Section 156 CrPC reads as under:
"156. Police officer's power to investigate the cognizable cases.
(1)Any officer incharge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power enquire into or try under the provision of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.";
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