Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Merely because facts are in the knowledge of applicant, direction to lodge FIR cannot be refused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Gravity/seriousness of the offence, requirement of evidence for the purpose of launching a successful prosecution and basically the interest of justice depending on the facts of each case needs to be considered in passing the order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Second FIR - Permissibility - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence and also new discovery is made on factual foundation...........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Two FIR's - There cannot be two FIRs against same accused in respect of same case - But when there are rival versions in respect of same episode, they would normally take the shape of two different FIRs and investigation can be carried on under both of them by same investigating agency...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Accused has no right to seek investigation in a particular manner and even Court does not have any jurisdiction to supervise the investigation, as investigation is within exclusive domain of the police...........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation cannot be a ground to cat away the testimony of witnesses, which is otherwise proved...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 156(3), 154(1), 154(3), 465(2) -- Application u/s 156(3) Cr.P.C. - Non-compliance of Ss.154(1), 154(3) Cr.P.C - Charge alleging commission of offence punishable u/s 406 IPC was already filed after detailed investigation - Petitioner did not challenge the proceedings before filing final report by police - In view of protection u/s..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Petition u/s 482 Cr.P.C. seeking direction to respondent Nos.1 to 3 for registration of FIR - Held, (i) In the first instance complainant to approach Illaqa Magistrate for issuance of direction for registration of FIR, monitoring of investigation in FIR as also other prayers of akin nature; (ii) An Illaqa/Jurisdictional..........
