Criminal Procedure Code, 1973, Section 156(3) -- Compliant - Some of the accused absolved of the offence - Court invoked power u/s 156(3) Cr.P.C. against some of the respondents - Court when absolved some of the respondents can only be deemed to be the procedure contemplated under Chapter XV Cr.P.C. - Court once invoked power under Chapter XV Cr.P.C. cannot revert back to..........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate while invoking power u/s 156(3) Cr.P.C. ought not to act as a mere `Post Office' for forwarding the compliant for investigation u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - For getting the power u/s 156(3) Cr.P.C. a Magistrate invoking the complaint should not be mere complaint as defined u/s 2(d) Cr.P.C., as it requires some additional qualification that such a complaint should be a complaint of facts which constitute the offence...........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Complaint - Offence u/ss 13(1)(c), 13(1)(d), 13(2) of P.C. Act - Forwarding complaint u/s 156(3) Cr.P.C. for investigation - When complaint did not disclose anything to have even a quick verification in the matter, Court below ought not to have..........
Criminal Procedure Code, 1973, Section 156(3) -- Public servant - Investigation u/s 156(3) Cr.P.C. cannot be ordered without there being valid sanction to prosecute by competent authority...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Resort to S.156(3) Cr.P.C. cannot be a routine procedure and in matters which are predominantly of civil nature, recourse of criminal law in a casual and routine manner cannot be permitted...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 403, 406, 467, 468 -- Direction for registration of FIR - Offence u/ss 420, 403, 406, 467, 468 IPC - Preliminary enquiry already conducted wherein found that dispute between parties was only of civil nature - Magistrate in such circumstances should call for a fresh report from police..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 403, 406, 467, 468 -- Direction for registration of FIR - Offence u/ss 420, 403, 406, 467, 468 IPC - Complaint u/s 156(3) Cr.P.C. was not bonafide, rather filed with sole object of getting petitioner blacklisted - Even otherwise, investigation carried by police after registering FIR in..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Failure and lapses in police investigation can fall in two categories: (i) where the irregularities and failure in given facts proved and established are insignificant and immaterial when the evidence on record is credible and trustworthy, Court can rely and base it judgment and findings without compelling..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Though Magistrate is not required to apply his mind to take cognizance of offence, alleged in the application u/s 156(3) Cr.P.C. but it is duty of Magistrate to see as to whether such allegations give rise to a reasonable suspicion as to commission of a cognizable offence to give a direction for..........
