My brother went to the police to register the false case of forgery against me. The police did not take any action as there was no evidence to support. The magistrate passed the direction under 156(3)Crpc. The application was not supported by the affidavit. Is it the valid application?
The application without the supported affidavit is not valid. The court in BABU VENKATESH V. STATE OF KARNATAKA (CrA 252 OF 2022) observed that the Magistrate while passing the order under Section 156 (3) of the Cr.P.C., has totally failed to consider the law laid down by it. In any case, when the complaint was not supported by an affidavit, the Magistrate ought not to have entertained the application under Section 156 (3) of the Cr.P.C.