Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging because of police inaction - Delay has to be explained by calling of records from the police...........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation u/s 156(3) - Police to register FIR - Even in absence of a direction to register FIR, police is to register FIR, as investigation can be done only after registering an FIR...........
Criminal Procedure Code, 1973, Section 156(3) -- Any Judicial Magistrate, before taking cognizance of the offence, can order investigation u/s 156(3) Cr.P.C. - While doing so complainant is not to be examined on oath - Magistrate is to direct police to register an FIR...........
Criminal Procedure Code, 1973, Section 190, 202(1) -- Complaint - Cognizance taken - Magistrate can direct an investigation to be done either by a police officer or by any other person - Such investigation is only for helping Magistrate to decide whether there are sufficient grounds for him to proceed further...........
Criminal Procedure Code, 1973, Section 210 -- Complaint case - Complaint also pending before police for investigation - Magistrate to stop proceeding in the complaint case and is to call for a report from the police - After report is received from police, he is to take up the matter together and if cognizance has been taken on the police report, he is to try the complaint..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 376 -- Rape by Police Officer - Sanction for prosecution - Allegations against accused are that he committed rape on prosecutrix as Police Officer when he was conducting investigation in a case in which husband of prosecutrix and her sister were involved regarding death of her sister's husband -..........
Civil Procedure Code, 1908, Order 21, Rule 98(2) -- Execution - Decree for possession - Detention in civil prison - Police Officer who is directed by executing Court to assist process of execution is neither a J.D. nor prima facie a person either acting on behalf of or at instigation of J.D...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Decree for possession - Expression "Obstruct or resist" in R.97 - Activity of Police Officer is not rendering assistance though directed by Court executing decree - It is only an omission and does not amount to obstruction or resistance to execution of decree - Warrant of arrest of such a public servant for..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Maharashtra Control of Organised Crime Act, 1999, Section 3(2), Indian Penal Code, 1860, Section 107 -- Bail - Conspiracy to commit, to abet, to knowingly facilitate the commission of an organised crime, namely, the printing and sale of fake stamp papers - Deliberate..........
Criminal Procedure Code, 1973, Section 156(3), 202, Indian Penal Code, 1860, Section 302 -- Murder - Police not registering the case - Request for sending complaint u/s 156(3) Cr.P.C. declined - Held, it would have been proper for Magistrate to send the complaint to police for registering an FIR u/s 156(3) Cr.P.C. and investigate - If not, then Magistrate should have sent..........
