Criminal Procedure Code, 1973, Section 156(3), 202 -- Scope - Power u/s 156(3) Cr.P.C. can be invoked by Magistrate before taking cognizance and same is in the nature of pre-emptory reminder or intimation to police to exercise its plenary power of investigation beginning u/s 156 Cr.P.C. and ending with report or charge sheet u/s 173 Cr.P.C. - On the other hand S.202..........
Criminal Procedure Code, 1973, Section 190, 156(3) -- Cognizance of offence - Magistrate can order further investigation when he forms opinion that investigation has not been properly and fairly conducted or police report is not based on full and complete investigation - However, while ordering further investigation, Magistrate cannot direct or call upon police to submit..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation u/s 156(3) Cr.P.C. against public servant when allegations are in relation to offences alleged to have been committed by them..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Investigation may not be said to be defective merely on ground that Investigating Officer has not shown place in site plan from where witnesses have seen occurrence...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - An order of Magistrate rejecting an application u/s 156(3) Cr.P.C. for a direction to police to register and investigate, is not an interlocutory order - Such an order affects the valuable rights of complainant and is a matter of moment - Access to remedy of..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint - Cognizance - Power u/s 202 Cr.P.C. once invoked by Court then it is not within jurisdiction of Court to revert back to the provision of S.156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Private complaint - Accused residing beyond territorial jurisdiction - Magistrate is not bound to conduct an inquiry in terms of S.202 Cr.P.C. in case he is opting to send the complaint for investigation u/s 156(3) Cr.P.C. to the concerned Police Station...........
Criminal Procedure Code, 1973, Section 156(3) -- Rejection of application u/s 156(3) Cr.P.C. - Revision - When information is received by police about alleged commission of offence which is cognizable, but no action in that behalf was taken, remedy is available to complainant to file a complaint before Magistrate - Since complainant failed to take such remedy as provided..........
Criminal Procedure Code, 1973, Section 156(3), 190, 200 -- Application u/s 156 Cr.P.C. on the ground that complainant went to police station to lode a report but her report was not lodged - Application dismissed - Revision against - Information to police regarding commission of cognizable offence, if given, to a police officer but no action is taken then remedy is to file..........
