Showing : 231-240 of 385 Results

JHARKHAND HIGH COURT
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 5(3), Criminal Procedure Code, 1973, Section 4, 156, 190-- Complaint - Power of Special judge appointed under the PC Act - Held, Special Judge does have power to deal with matter u/s 156(3) of the Code of Criminal Procedure...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3)-- Magistrate u/s 156(3) Cr.P.C. is not required to examine the complainant on oath since he has not taken cognizance of any offence therein - Investigation in a matter of a crime is the prime responsibility of the police...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3)-- Magistrate has discretionary power u/s 156(3) Cr.P.C. - Discretion vested in a judicial authority has to be exercised judiciously and not arbitrarily...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - cognizable offence disclosed - When cognizable offence is disclosed it is duty of concerned Court to order for registration and investigation of the offence...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 190(1)-- Cognizance of offence - Procedure - Held, Magistrate may take cognizance of offence on complaint being lodged - But when an investigation is ordered u/s 156(3), police is required to submit a report after investigation u/s 173(2) - On receiving police report Magistrate may take cognizance of..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3)-- Registration of FIR - Sessions Judge cannot direct - Held, powers to direct for registration of FIR has been specifically conferred on Magistrate u/s 156 (3) Cr.P.C. - If such an application was moved before Magistrate and was rejected, only then in revision, Sessions Judge could have directed..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3)-- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Thereafter Magistrate has no power to withdraw investigation - Magistrate has no power to recall his orders...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3)-- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Parties compromised - There is no provision in Cr.P.C. whereby Magistrate has power to order withdrawal of investigation - Even otherwise Magistrate has no power to recall his order...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3), 399, 401-- Rejection of application u/s 156(3) Cr.P.C. - Revisional Court set aside the order - Opportunity of hearing not given to the prospective accused - Order set aside - Matter remitted for decision afresh after giving opportunity of hearing...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - Medical negligence - At the stage of S.156(3) Cr.P.C. Magistrate has to look whether any cognizable offence is disclosed or not for the purpose of directing the police to register the FIR - If a cognizable offence is disclosed, Magistrate is legally bound to direct..........

Showing : 231-240 of 385 Results