Criminal Procedure Code, 1973, Section 156(3) -- Provision of S.156(3) Cr.P.C. primarily comes into operation only when SHO and SP fail to register an FIR, despite allegations prima facie disclosing commission of a cognizable offence or Judicial Magistrate, not being satisfied with the investigation, explicitly directs further investigation. (Para 6(d). (ii) Criminal..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Unless a cognizable offence is committed by a person in presence of such police officer, police officer cannot arrest an accused only on the basis of his whims that he suspects the said person to have committed some offence - If such person has committed some cognizable offence which is punishable for imprisonment, then..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Issuance of process - At the stage of issuing process Court is not expected to examine and assess in detail material placed on record - Whether prima facie cognizable offence is disclosed or not, has to be seen...........
Prevention of Money Laundering Act, 2002, Section 4 -- Cognizable and no, bailable offence - Offence of money-laundering is punishable with rigorous imprisonment for term not less than three years extending to seven years and with fine - Second Schedule of Cr.P.C. relates to classification of offences against other laws and in terms of Second Schedule of Code, an offence..........
Criminal Procedure Code, 1973, Section 172, 482, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Custodial Interrogation - Investigation of cognizable offence and various stages thereon including interrogation of accused is exclusively reserved for..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Death of 24 children in procedure conducted by petitioner employed in Hospital - Money extracted from parents of deceased children for purpose of haplo stem cell transplant - Specific allegation in FIR that parents of patients were informed that success rate of haplo stem cell transplant is 90 to 95 % and if..........
Protection of Women From Domestic Violence Act, 2005, Section 31 -- Offence u/s 31 of the Act - Offence is cognizable offence - Police complaint - Registration of FIR for offence u/s 31 of the Act is in no way illegal, improper or ultra vires...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased aged 15 years, committed suicide because he was humiliated in presence of his classmate which had a grave mental impact - He shared the same with his friend vide Instagram - FIR discloses commission of a cognizable offence - Police concluded..........
Criminal Procedure Code, 1973, Section 155, 156, 157 -- Investigation - Police can investigate a no, cognizable offence along with cognizable offence and can file charge sheet even for an offence of which cognizance can be taken by Court only on complaint of an aggrieved person or competent authority...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
