Showing : 211-220 of 441 Results

ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3), 195-- Provision of S.195 Cr.P.C. does not come into play at the stage of passing an order for police investigation u/s 156(3) Cr.P.C. - Provision of S.195 Cr.P.C. is attracted only at the stage of taking cognizance of an offence by Magistrate and not at the stage of passing an order u/s 156(3) Cr.P.C...........
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)-- 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)-- 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)-- 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..........

Showing : 211-220 of 441 Results