Held, High Court erred in granting anticipatory bail in present case mainly on ground that magistrate’s direction for investigation S. 156(3) CrPC was doubtful as complainant had not been examined on oath as required under S 200 CrPC, though complaint was supported by affidavit. Furthermore, relevant considerations for grant of anticipatory bail had not been considered by high court, particularly the serious nature of alleged offences. Power of Magistrate under S. 156(3) to direct investigation is independent of power to take cognizance and issue process under Ss. 200 to 204, as direction under S. 156(3) does not amount to taking of cognizance. Hence, there is no requirement of Magistrate to examine complainant on oath (as required under S. 200) before issuing direction under S. 156(3).
[Supreme Bhiwandi Wada Manor Infrastructure (P) Ltd. v. State of Maharashtra, (2021) 8 SCC 753]