Supreme Bhiwandi Wada Manor Infrastructure (P) Ltd. vs. State of Maharashtra & Anr. (SC)

Code of Criminal Procedure, 1973–Secs. 438, 200, 202 & 156(3)–Grant of anticipatory bail with the view that the mandate of Sec. 200 of the Cr.P.C. or examining the complainant on oath has not been fulfilled by the Magistrate and this raises serious doubt about the validity of the order passed u/s. 156(3)–Order u/s. 156(3) had attained finality–Further, the Magistrate can direct u/s. 202(1) either by a police officer or by any other person for investigation for a limited purpose for enabling him to decide whether or not there is sufficient ground to proceed further–Held, view taken by the High Court was not in accordance with the principles enunciated in the decisions of this Court in the context of Chapter XV of Cr.P.C.