Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Direction to register case and its investigation by police should be exercised where some `investigation' is required...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant in possession of complete details of all accused as well as the witnesses - Neither recovery needed nor any such material evidence is required to be collected which can only be done by the police - In such a case procedure of complaint case should be adopted...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Merely because facts are in the knowledge of applicant, direction to lodge FIR cannot be refused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Gravity/seriousness of the offence, requirement of evidence for the purpose of launching a successful prosecution and basically the interest of justice depending on the facts of each case needs to be considered in passing the order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Once a Court comes to a conclusion that an accused is entitled to bail, Court cannot postpone the grant of bail, as it may amount to violation of fundamental rights guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR is maintainable where there is a different version and also new discovery is made on factual foundation...........
Criminal Procedure Code, 1973, Section 154, 162 -- Two FIRs - In regard to one and single incident, there could not be a case and a counter case as two FIRs are not permissible in respect to one and same incident because subsequent FIR is hit by S.162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Jurisdiction of Court - Parents of wife are permanent resident of Bareilly and wife has frequent visit thereat - Only for the purpose of job wife stayed at Delhi - Marriage of parties was also solemnized at Bareilly - Permanent address of wife at Bareilly would fall within the contour of `reside' -..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Second FIR - Permissibility - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence and also new discovery is made on factual foundation...........
