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The Supreme Court decision in Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287 pertains to:

In Priyanka Srivastava v. State of U.P. (2015), the Supreme Court addressed the Magistrate’s power to direct a police investigation. It required applicants to show their…

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The Supreme Court decision in Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287 pertains to:

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Answer and explanation

Correct answer A

In Priyanka Srivastava v. State of U.P. (2015), the Supreme Court addressed the Magistrate’s power to direct a police investigation. It required applicants to show their prior approaches to the police under the then-applicable law and to support their application with an affidavit. Under current Sections 173(4) and 175(3) of the BNSS, the application follows the route through the Superintendent of Police and is supported by an affidavit. Section 175(3) also provides for any inquiry the Magistrate thinks necessary and consideration of the police officer’s submissions.

Option feedback

Option A

The judgment addressed the use of the Magistrate’s power to order a police investigation and required a supporting affidavit.

Option B

A hearing on sentence concerns the proceedings after conviction. It was not the subject of Priyanka Srivastava.

Option C

Section 351 BNSS concerns examination of the accused about circumstances appearing in the evidence. The case concerned an investigation direction.

Option D

The case concerns the Magistrate’s power to direct police investigation.

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