Non-Filing Of Affidavit In Support Of Application U/s 156(3) CrPC A Curable Defect, Holds Uttarakhand HC [Read Judgment]

Ashok Kini

10 Aug 2019 1:51 PM IST

“If that defect of application under Section 156(3) not being supported with affidavit, is made as an uncurable, it may at times in some cases be giving superior hand to the Magistrate to deprive the applicant of filing application under Section 156(3) by rejecting the same on this procedural ground itself.”

The Uttarakhand High Court has observed that non-filing of an affidavit in support of application filed under Section 156(3) of the Criminal Procedure Code is curable defect. In this case [Commercial Toyota vs. State of Uttarakhand], the Magistrate, relying on the Apex Court judgment in Priyanka Srivastava vs. State of UP., rejected an application under Section 156(3), on the ground...

Non-Filing Of Affidavit In Support Of Application U/s 156(3) CrPC A Curable Defect, Holds Uttarakhand HC [Read Judgment]

Ashok Kini

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