Criminal Procedure Code, 1973, Section 156 -- Police officer who registers crime should not investigate the case as investigation thus made cannot be said to be fair and impartial which causes serious prejudice to accused - Investigation made by same police officer who registered crime - Entire proceedings including conviction followed by sentence vitiated - Accused..........
Criminal Procedure Code, 1973, Section 156(3), 155 -- Investigation - Cognizable and no, cognizable offences - Magistrate while either referring the case to police u/s 156(3) Cr.P.C or while ordering investigation into a no, cognizable offence u/s 155(2) Cr.P.C has to show application of mind to the facts of case - It may not be necessary for magistrate to pass a reasoned..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Complaint - Magistrate has two options: he may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. and succeeding sections in Chapter XV Cr.P.C. or may instead of proceeding under chapter XV, order investigation u/s 156(3) Cr.P.C. - It is duty of Court to protect interest of accused while forwarding..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202, Indian Penal Code, 1860, Section 376, 406 -- Complaint - Offence u/ss 376 & 406 IPC - Magistrate may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. or order investigation u/s 156(3) Cr.P.C. - If for any reason complainant wants herself to be examined by a lady doctor then Magistrate can order her..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 156 -- Investigation - Transfer to CBI - Held, not necessary to give an opportunity of hearing to proposed accused as a matter of course...........
Criminal Procedure Code, 1973, Section 156(3) -- Police investigation - Magistrate is not duty bound to refer the matter to police for investigation u/s 156(3) Cr.P.C. if the allegations made in complaint do not constitute any offence - There is a discretion with Magistrate in this regard - Order of Magistrate where he proceeded further as provided in Chapter XV Cr.P.C..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Investigation - Order directing investigation is an interlocutory order and remedy of revision against such an order is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Public servant - Allegation in relation to acts/offences committed in the discharge of official duty - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation...........
Criminal Procedure Code, 1973, Section 190(1)(a), 156(3) -- Police investigation - Held, power u/s.156(3) can be invoked by Magistrate before he takes cognizance of offence u/s 190(1)(a) - Once cognizance of case is taken by Magistrate and verification statement is recorded, then Magistrate cannot revert back to pre-cognizance stage and direct investigation u/s.156(3)..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Interference by Court - Held, where police officer has exercised his investigatory powers in breach of statutory provision putting personal liberty and/or property of citizen in jeopardy by illegal and improper use of power or there is abuse of investigatory power and process by police officer or investigation..........
