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..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Monitoring by Court - Held, investigation/inquiry monitored by Court does not mean that Court supervises such investigation/inquiry...........
Constitution of India, 1950, Article 32, 226, Criminal Procedure Code, 1973, Section 156 -- Constitutional Court monitoring investigation - Held, nothing but continuing mandamus...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Lapses on part of investigating agency - Held, should not be given importance when substratum of prosecution case is strong and substantiated by reliable evidence...........
