Criminal Procedure Code, 1973, Section 156(3) -- Scope - Magistrate is empowered to direct police to register a criminal offence and/or to direct police to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same...........
Criminal Procedure Code, 1973, Section 482, 154, 156, 200 -- FIR - Non registration or that a proper investigation is not done by the police - Petition u/s 482 Cr.P.C. - High Court should ordinarily refuse to interfere in such matters and relegate the petitioner to his alternative remedy, firstly u/s 154(3) and S.36 Cr.P.C. and if that is of no avail, by approaching..........
Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Aggrieved person to approach SSP in writing u/s 154(3) or to approach Magistrate u/s 156(3) Cr.P.C. - Magistrate u/s 156(3) Cr.P.C. can direct police to register FIR and investigation be done - Magistrate can also monitor the..........
Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Petition u/s 482 Cr.P.C. - Alternative remedy available u/s 154(3), 156(3), 200 Cr.P.C. - Held, alternative remedy is not an absolute bar to a writ petition - However, when alternative remedy is available then High Court should not..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 136 -- CBI enquiry - Cannot be ordered as a matter of routine or merely because party makes some allegation - Material on record not disclosing a prima facie case calling for an investigation by CBI - Mere allegations that son was murdered because he discovered some corruption does not..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Right of accused to be heard - Held, when an application is filed u/s 156(3), Cr.P.C. in the Court of a Magistrate, it is a matter between applicant and Court and accused does not come into picture as no cognizance of offence is taken in the matter - Accused does not have any right to interfere in the..........
Criminal Procedure Code, 1973, Section 156(3), 482, Indian Penal Code, 1860, Section 498A -- Stay of arrest of accused - Cannot be granted u/s 482 Cr.P.C. filed against order passed by Magistrate u/s 156(3) Cr.P.C. for registration of case and investigation in the matter - Such a remedy is available to the applicants when the case is registered and investigation is under..........
Evidence Act, 1872, Section 3 -- Investigation with help of dog squad - Cannot be treated as a conclusive proof - However, if the clue that emerges out of it, suspected by other evidence, it would become a useful material...........
Evidence Act, 1872, Section 14 -- Investigation with help of dog squad - Withholding of report obtained from dog master - - Presumption would be drawn against the prosecution...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;..........
