A Magistrate not empowered by law to order, under section 155 of Criminal Procedure Code, the police to investigate an offence, orders the police to investigate the offence. Such order is

A) Illegal and cannot be protected under section 460 of Criminal Procedure Code B) Irregular and is protected under section 460 of Criminal Procedure Code C) Illegal but not liable to be set aside unless it amounts to miscarriage of justice D) Irregular but liable to be set aside

Answer & Solution

Correct Answer: Option B

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A Magistrate not empowered by law to order under section 155...

A Magistrate not empowered by law to order, under section 155 of Criminal Procedure Code, the police to investigate an offence, orders the police to investigate the offence. Such order is

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