43-year-old precedent overruled by the Supreme Court. Vinubhai Haribhai Malaviya and others v The State of Gujarat and others, decided on 16.10.2019
The bench headed by Justice RF Nariman held that even at the post cognizance stage a Magistrate can invoke his powers under Section 156(3) of CrPC. A 43-year-old judgment which held that Section 156(3) of CrPC can only be invoked at a pre cognizance stage was overruled.
bVishnu_Kumar_Tiwari_vs_The_State_Of_Uttar_Pradesh_on_9_July_2019
