Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Non-registration of FIR by police despite furnishing information of commission of cognizable offence - Writ can be declined due to no, availing alternative remedy when cause shown in no, registration of offence u/S.154 of Cr.P.C., despite furnishing..........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Even stranger to offence can inform police about commission of any cognizable offence - Failure of police to perform statutory duty can certainly accrue casue of action to stranger to seek writ of mandamus u/Art.226 of Constitution of India...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Directions for investigation by police - Delay in approaching police by complainant can be taken note of while considering application u/s 156(3) Cr.P.C. - However, Magistrate ought to direct investigation by police if it feels that evidence is required to be collected with police assistance...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Magistrate is not bound to direct investigation by police even if all the allegations made in complaint disclose ingredients of cognizable offence...........
Criminal Procedure Code, 1973, Section 156(3), 200, 482 -- Complaint - Directions for investigation by police cannot be given by Magistrate mechanically - If complainant can prove the facts in complaint without assistance of police then Magistrate may proceed with complaint u/s 200 and examine witnesses to be produced by complainant...........
Criminal Procedure Code, 1973, Section 156(3), 482, Constitution of India, 1950, Article 227 -- Application u/s 156(3) Cr.P.C. - Direction for registration of FIR and investigation by police - Quashing - Filing of petition u/s Art.227 of the Constitution of India or u/s 482 Cr.P.C. at this stage is nothing but premature, hence not maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Police investigation - Magistrate is required to exercise his mind while doing so and pass orders only if he is satisfied that information reveals commission of cognizable offence/offences and also about necessity of police investigation for digging out of evidence which is neither in possession of complainant nor can be..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Rejection - Dispute between parties are primarily a dispute between partners of firm - Allegation against accused is that he had taken away income tax files relating to partnership business from advocate when he was not authorized to do so at all - Petitioner was aware about identity of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Forgery in FIR and alteration in Tehrir - Taking cognizance on the complaint will lead to multiplicity of proceedings when competent Courts are already dealing with the matter - Parties may file appropriate applications before said Courts only and Court may take appropriate action in the..........
Criminal Procedure Code, 1973, Section 156(3), 200, Indian Penal Code, 1860, Section 441 -- Complaint - Criminal trespass - Complainant not able to show prima facie possession on the property - Civil dispute given colour of criminal case - Complaint dismissed by holding that prima face case not made out even for conducting examination u/s 200 Cr.P.C. - Order of dismissal..........
