Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Only on the basis of a faulty and defective investigation, prosecution case cannot be disbelieved - If it goes to root of the prosecution case and create doubts only then prosecution case can be disbelieved...........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to CBI - On the basis of newspaper report - Investigation cannot be transferred to CBI only on the basis of newspaper report as newspaper report by itself has no evidentiary value...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - No particular format for application u/s 156(3) Cr.P.C. is prescribed in law - Such application should contain facts disclosing cognizable offence and further that police has failed to exercise powers u/s 154 Cr.P.C. despite intimation, whereupon Magistrate in exercise of powers conferred u/s..........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate forwarded complaint to police for investigation - Magistrate thereafter directed police to add some more offences and directed police to investigate and report - Prerogative of police to investigate kept in tact - There is no impermissible penetration into the domain of investigation - Act of Magistrate cannot be..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - A person making the application should be conscious and also endeavour to see that no false affidavit is filed - It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law - This will deter him to casually..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - That apart, in appropriate cases, Magistrate to verify the truth and also to verify the veracity of the allegations...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - There has to be prior applications u/ss 154(1) & 154(3) Cr.P.C. while filing a petition u/s 156(3) Cr.P.C. - Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed - Application u/s 156(3) Cr.P.C. has to be supported by an..........
Criminal Procedure Code, 1973, Section 156(3), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Investigation - When a borrower of financial institution covered under the SARFAESI Act, invokes the jurisdiction u/s 156(3) Cr.P.C. and also there is a separate procedure under the Recovery of Debts due to Banks..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. for further investigation - Dismissal of application - Declining of application, would not affect merits of controversy nor would it reflect veracity of allegations made by complainant in FIR which is subsequently lodged...........
Criminal Procedure Code, 1973, Section 156(3) -- Scope - Direction by Magistrate for police investigation is to be issued only after application of mind by Magistrate - When Magistrate does not take cognizance and does not find it necessary to postpone issuance of process and finds a case is made out to proceed forthwith, direction u/s 156(3) Cr.P.C. is issued...........
