Application under S. 156(3) CrPC without affidavit duly sworn by complainant cannot be entertained by Magistrate. When complaint was not supported by affidavit, magistrate oght not to have entertained application under S. 156(3) CrPC. High Court also failed to take into consideration legal position enunciated by SC in Priyanka Srivastava (2015) 6 SCC 287, and dismissed the petitions by merely observing that serious allegations are made in the complaint. Therefore, continuation of present proceedings would amount to nothing but abuse of process of law. (Para 19 to 30)
[Babu Venkatesh v. State of Karnataka, (2022) 5 SCC 639]