Criminal Procedure Code, 1973, Section 156(3) -- Nature and scope - While exercising jurisdiction u/s 156(3) Cr.P.C. Magistrate is required to merely peruse application and examine whether facts disclosed therein prima facie disclose necessary ingredients of cognizable offences requiring investigation by police and is not expected to undertake an exhaustive evaluation of..........
Criminal Procedure Code, 1973, Section 482, 156(3), Constitution of India, 1950, Article 226 -- Quashing at threshold - High Court while exercising its inherent jurisdiction must remain circumspect in interfering with an order u/s 156(3) Cr.P.C. and ought to intervene only where it is evident that order lacks any legal foundation, suffers from perversity or that the same..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
Criminal Procedure Code, 1973, Section 156(3), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 27(9) -- Direction to register FIR by Child Welfare Committee - Child Welfare Committee is not empowered to direct police to register FIR - Child Welfare Committee is only empowered to forward a report to Juvenile Justice Board or to concerned police..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C - Not supported by duly sworn affidavit of complainant suffers from fatal procedural defect - In absence of such an affidavit, complaint could not have been acted upon...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Appellant is fully aware of names and addresses of proposed accused persons and he is also having entire relevant evidence pertaining to alleged incident - It is not a case which requires investigation by police - Magistrate committed no mistake in treating..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Offence under SC/ST Act - Judicial Magistrate has no jurisdiction to entertain a petition u/s 156(3) Cr.P.C in so far as it relates to offences under SC/ST Act, either for issuing directions for investigation or for taking cognizance - Exclusive jurisdiction to try offences under SC/ST Act is..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Power of transferring such investigation must be in rare and exceptional cases where Court finds it necessary in order to do justice between parties and to instil confidence in public mind, or where investigation by State police lacks credibility and it is necessary for having a fair, honest..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) - To seek remedy u/s 156(3) Cr.P.C. complainant must exhaust his remedies u/s 154(1) and (3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - S.156 Cr.P.C does not contemplate recording of preliminary statement of a complainant at the time of issuing a direction for registration of an FIR - In fact a direction in terms of S.156(3) Cr.P.C is issued at pre-cognizable stage...........
