Criminal Procedure Code, 1973, Section 156(3), 482 -- Complaint u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Complaint not supported by an affidavit affirming allegations raised in complaint as being true and correct - FIR quashed...........
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) -- Direction to investigate - Without insisting upon complainant to file affidavit - Order is unsustainable...........
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 482, 156(3) -- Two incidents on the same day - Court in summoning order did not believe second incident as alleged in the complaint - Non believing of one part of the incident in complaint throws a shadow of doubt on the earlier part of the incident as alleged - Criminal proceedings quashed...........
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..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police - In such a case aggrieved person should not be compelled to collect and produce evidence at his cost to treat..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Report from police station concerned - If from such report no prima facie case is made against the opposite party, Magistrate is not bound to order for registration of case...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CIA - Rape case - Investigation of case was conducted by Special Investigation Team and charge sheet is filed - Apprehension expressed by victim was that mobile phone belonging to accused were not taken in custody, was dealt with by Supreme Court and it was ensured that said mobiles would be in..........
