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Whether it can be said that in absence of an allegation, the reason to suspect under section 157 of CrPC, will justify the investigation undertaken by the authorities?


It is wrong to suppose that the police have an unfettered discretion to commence an investigation under Section 157 of the Code.

Their right of inquiry is conditioned by the existence of a reason to suspect the commission of a cognizable offense and they cannot, reasonably, have reason so to suspect unless the F.I.R., prima facie, discloses the commission of such offense. If that condition is satisfied, the investigation must go on.

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