Showing : 91-100 of 267 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 156-- Further investigation and fresh investigation - Power of Magistrate - Held, Magistrate has no jurisdiction to direct `fresh' or `de novo' investigation - It is only upon the orders of higher Courts empowered to pass such orders that aforesaid investigation can be conducted, in which event higher..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3), 173(8)-- Application u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Final report submitted - Protest petition filed for rejecting final report - Direction issued to further investigate - Held, Magistrate is well within its right to order further investigation into the matter...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Investigation - Power of Magistrate - Re-exercise of - Held, once the power conferred u/s 156(3) of Cr.P.C. is exercised, same can not be re-exercised after receiving report from Investigating Agency - In present case, subsequent order given by Magistrate for investigation after lodging FIR by..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Complaint forwarded to police u/s 156(3) Cr.P.C. - Police cannot decline registration of crime based on complaint...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) treated as complaint - Statement u/ss 200 and 202 Cr.P.C. recorded - Thereafter Magistrate observed that investigation by police appears to be necessary ordered police investigation - It was a case of gang rape triable by Sessions Judge exclusively - Impugned order quashed -..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Dismissal of application u/s 156(3) Cr.P.C. - Remedy lies in filing a criminal complaint u/s 200 Cr.P.C. and not by filing a writ petition or a petition u/s 482 Cr.P.C...........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Dismissal of application u/s 156(3) Cr.P.C. after getting the facts verified from the concerned police station - Plea that Magistrate could not have rejected the complaint without affording an opportunity to the complainant for producing his witnesses besides his own examination - Contention is..........
PATNA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 154, 156(3), 36, 200, 482-- FIR - Non-registration by police - Remedy lies u/ss 36 & 154(3) before police officers concerned - If that is of no avail, then u/s 156(3) before Magistrate or by filing criminal complaint u/s 200 Cr.P.C. - Writ petition is not an appropriate remedy...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Scope - Magistrate has jurisdiction in suitable cases to dismiss application u/s. 156(3) Cr.P.C. even if facts enshrined therein make out cognizable case...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 156(3)-- Scope - Provision of S.156(3) should be used sparingly - Recourse should not normally be permitted unless there is something unusual and extraordinary like miscarriage of justice which warrants direction to police to register case...........

Showing : 91-100 of 267 Results