Showing : 211-220 of 440 Results

ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - At the stage of consideration of an applciaotn Magistrate is not required to hold an inquiry and to ascertain as to whether allegations made in application are correct or not - Allegations had to be taken at their face value - If application discloses commission of..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - Accused is not entitled to opportunity of hearing at the stage of passing the order for police investigation - However, accused is entitled to a hearing in case revision is filed on dismissal of application u/s 156(3) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 302-- Criminal Investigation - The fate of a serious case like murder should not be allowed to hinge on faulty investigations - It becomes the duty of the trial court to be a mere spectator, what goes on in the name of trial - Trial judge has to control the trial by active application of mind, when an..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - Police directed to register FIR and to investigate - Held, when there are serious allegations of dowry death against the accused order passed by Magistrate directing an investigation cannot be faulted with - Death was whether suicidal, homicidal or accidental, has..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Referring complaint to police for investigation - Order challenged on ground of territorial jurisdiction - Incident took place within the jurisdiction of Magistrate - Held, it cannot be said that Magistrate lacked territorial jurisdiction...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Referring complaint to police for investigation - Allegations of demand of dowry, harassment by husband and his family members, beating etc. - Also mention of injury report - Clearly indicate commission of offence - Magistrate well within his authority to order investigation by police...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Prima facie cognizable offence made out - Not so mentioned while referring complaint to police for investigation - However, substance of allegations made in the application narrated in the order - Substance so narrated indicate commission of offence - Held, Magistrate was well within his authority..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Referring complaint to police for investigation - Prospective accused has no right to challenge an order passed by Magistrate u/s 156(3) Cr.P.C. directing the registration of FIR and investigation...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. rejected by Magistrate - Sessions Judge in revision allowed the application and directed SHO to register FIR on the basis of application u/s 156(3) Cr.P.c. - Held, power u/s 156(3) Cr.P.C. can only be exercised by Magistrate and not by Sessions Judge - If Sessions..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3), 202-- Investigation by Police u/s 156(3) Cr.P.C. - Chapter XII of the Code contains provisions relating to information to the police and their powers to investigate whereas Chapter XV, which contains S.202, deals with provisions relating to the steps which a Magistrate has to adopt while and after..........

Showing : 211-220 of 440 Results