Criminal Procedure Code, 1973, Section 154, 156(3), 36, 200, 482 -- FIR - Non-registration by police - Remedy lies u/ss 36 & 154(3) before police officers concerned - If that is of no avail, then u/s 156(3) before Magistrate or by filing criminal complaint u/s 200 Cr.P.C. - Writ petition is not an appropriate remedy...........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Condition sine qua non for recording FIR - Held, there must be an information and that information must disclose a cognizable offence before an officer i, charge of a police station satisfying requirements of S.154(1) Cr.P.C...........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 32, 34 -- Murder - Investigation by CBI - Prayer for - Petitioner filed complaint with application before Magistrate, who instead of ordering investigation & registration of FIR has taken upon himself to conduct enquiry by taking cognizance of offences..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Dismissal - Validity - Tribunal while rejecting claim petitions has found that FIR was registered on statement of injured eye witness-cum-claimant - In said FIR neither particulars of offending vehicle viz., kind, make, registration number etc. were given nor name of driver of said vehicle was mentioned -..........
Criminal Procedure Code, 1973, Section 154 -- Indian Penal Code, 1860, Ss. 363/511/34 IPC - FIR - Discharge of accused - Validity - Trial Court came to conclusion that facts disclosed false implication of accused on account of registration of FIR against uncle, aunt and sister of complainant - Court found version given by petitioner complainant was unbelievable when FIR..........
Criminal Procedure Code, 1973, Section 154 -- Cognizable Offence - Registration of FIR - Two divergent views of Supreme Court - One view that in case of cognizable offence SHO is bound to register FIR and other view that it is open to SHO before registering FIR to conduct an enquiry - Matter referred to Constitutional Bench to have clear enunciation of law...........
Criminal Procedure Code, 1973, Section 482, 156(3), 190 -- Inherent powers - Registration of FIR - Direction sought to register a case against police officials for having committed a cognizable offence for causing fracture of forearm of son of petitioner when he was allegedly in custody of police - Disputed question of fact involved - Held, such question cannot be..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner found in possession of some tablets, capsules and other medicines - Petitioner holding a valid wholesale drugs and sale licence - But sale license not shown at the time of recovery by the Police - Complaint can be initiated by..........
Motor Vehicles Act, 1988, Section 168 -- Additional Evidence - Revision petition against order passed by MACT, whereby application filed by claimant seeking permission to lead additional evidence dismissed - Taking into consideration the fact that in the claim petition particulars of the FIR were given and Registration number of the vehicle was also mentioned, examination..........
