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...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution u/s 19 of Prevention of Corruption Act - Once it is noticed that there was no previous sanction, Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Complaint - Magistrate who is empowered u/s 190 Cr.P.C. to take cognizance has the power to refer a private complaint for police investigation u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156, 173, Constitution of India, 1950, Article 32 -- Monitoring of case by Supreme Court - Held, monitoring of a case is continued till investigation continues - But when investigating agency appointed by Court completes investigation files charge-sheet, it would not be proper for Supreme Court to keep on monitoring trial which is..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Validity - Ingredients of offences u/ss 406 or 420 IPC do not seem to exist in complaint petition - CJM directed police for investigation of case without assigning any reason in impugned order - Held, even for ordering an investigation u/s.156 (3) Cr.P.C. there has to be application of mind by..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Exercise of power by Magistrate - Held, Magistrate before invoking power u/s 156(3) Cr.P.C. directing police to investigate any matter against any person must properly apply its mind which can be indicated by reasons given in order, howsoever, brief it may be while issuing such a direction -..........
Criminal Procedure Code, 1973, Section 202, 156 -- Scope - Difference between the two provisions of Ss.202 & 156 Cr.P.C. - Investigation under both the provisions is different - In a case u/s 202 Cr.P.C. Magistrate to ensure before ordering investigation that I.O. or any other person shall not be allowed to arrest accused in such investigation...........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Power of Magistrate - Held, merely because an application u/s.156(3) of Cr.P.C. is moved Magistrate is not bound to order police to register case - There must be some substance on basis of which it could reasonably be inferred that some cognizable offence was committed - Application u/s.156(3) Cr.P.C. could..........
