Which one of the following is not correct?
Verified Answer
A. High courts should not pass interim orders which are likely to hamper investigation
B. A Magistrate can under section 156(3), code of criminal procedure, 1973 send a complaint of non-cognizable offence to the police
C. The power of the Magistrate of the first class to take cognizance of cognizable offence may be impaired by territorial restrictions
D. During the course of investigation by the police, the question of cross-examination does not arise
Explanation:
Section 156(3) of the CrPC empowers a Magistrate to direct an investigation in a *cognizable* case. For a *non-cognizable* offence, a Magistrate cannot direct investigation under 156(3) without taking cognizance first (Section 155(2)). Therefore, sending a complaint of a non-cognizable offence to the police for investigation under 156(3) is not correct.