Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Every application u/s 156(3) Cr.P.C. disclosing commission of a cognizable offence may not be directed for investigation by police - Magistrate has jurisdiction to treat the same as a complaint case but in exercise of such jurisdiction the Magistrate has to keep in view various factors, as..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation by itself not a ground for acquittal...........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Investigation - Difference between two provisions of Ss.156(3), 202(1) Cr.P.C - Investigation by police officer u/s 156(3) Cr.P.C is at pre-cognizance stage, whereas, power to order investigation u/s 202(1) Cr.P.C is at post-cognizable stage - Investigation u/s 202(1) Cr.P.C is for purpose of ascertaining truth or..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Gang rape - Investigation of case entrusted by State government itself to CBI - CBI has started investigation in respect of crime - Apprehensions expressed by petitioners that there would be no proper investigation by UP Police conducted, not open for consideration at this stage and grievance..........
Criminal Procedure Code, 1973, Section 156(3), Protection of Children from Sexual Offences Act, 2012, Section 33 -- Direction for investigation - Special Judge under POCSO Act may order investigation u/s 156(3) Cr.P.C, since special judge has jurisdiction to take cognizance u/s 33 of POCSO Act...........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Criminal Procedure Code, 1973, Section 154, 156 -- FIR - Direction to register FIR and to file final report after investigation - Civil dispute should not be given colour of a criminal offence - However mere pendency of civil proceeding is not a good ground and justification not to register and investigate an FIR if a criminal offence is committed...........
Criminal Procedure Code, 1973, Section 156(3), Constitution of India, 1950, Article 226 -- Direction for registration of FIR - Notice to accused - Whether necessary - Prospective accused has no right of hearing before registration of FIR and investigation by police officer or before Court including writ Court - Therefore, in a writ petition seeking direction for..........
