Showing : 211-220 of 464 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - Magistrate has power to treat the application as complaint...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(1)-- S.156(1) Cr.P.C. authorizes the police to investigate into a cognizable offence without requiring any sanction from a judicial authority - However, sub-section (3) of S.156 of the Code provides that any Magistrate empowered under S.190 may order such an investigation mentioned in sub-section (1)..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3)-- An order made under S.156(3) Cr.P.C. is in the nature of a preemptory reminder or intimation to the police to exercise its plenary power of investigation under S.156(1) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3)-- When Magistrate applies his mind only for ordering an investigation u/s 156(3) Cr.P.C. or issued a warrant for the purposes of investigation, he cannot be said to have taken cognizance of an offence - Taking cognizance is a different thing from initiation of the proceedings...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 200, 202, 156(3)-- Application u/s 156(3) Cr.P.C. dismissed after taking police report - Not treated even as complaint - Subsequent complaint on same allegations filed - Fact of dismissal of application u/s 156(3) Cr.P.C. not disclosed - It is nothing but abuse of process of Court - Proceedings quashed...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction by Magistrate to police to investigate a case - Magistrate cannot interfere with the investigation except when police officer decides not to investigate an offence...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Refusal by Magistrate to direct police to investigate - Remedy is not to file a writ petition but in filing a complaint u/s 190(1)(b) r/w S.200 IPC...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 154, 155, 156(3)-- FIR - Challenge as to - FIR can be challenged in rarest cases when it does not prima facie disclose the commission of a cognizable offence, or where there is legal bar to proceeding with the complaint/ FIR or if it is a case of no evidence or the evidence is wholly inadequate for proving the..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3), 200, 202-- Right of hearing of a prospective accused at the pre-cognizance stage - Accused is only permitted to remain present during the proceedings but not to intervene or to raise his defence, until the order issuing summons is passed - It is only during the course of trial that accused has been conferred..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 154, 156(3), 200, 482-- Grievance that FIR is not registered - Remedy lies u/s 36 & 154(3) Cr.P.C. before the concerned police officers, and if that is of no avail, u/s 156(3) Cr.P.C. or by 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...........

Showing : 211-220 of 464 Results