Criminal Procedure Code, 1973, Section 156(3) -- FIR not registered - Investigation u/s 156(3) Cr.P.C. can be carried out only under an order passed by a Magistrate...........
Criminal Procedure Code, 1973, Section 173(8), 156(3) -- Further investigation - CJM while rejecting application for further investigation opined that both investigation and further investigation resulted in the same set of evidence - Both investigation and further investigation ended in final report due to lack of evidence - Application for further investigation rightly..........
Criminal Procedure Code, 1973, Section 156(3) -- Word "may" occurring in S.156(3) Cr.P.C is of utmost significance - It gives Magistrate a discretionary power to order or not for an investigation into the cognizable offence disclosed in the application...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Proper investigation is needed in the case in view of nature of allegations levelled by applicant - Order of rejection of application u/s 156(3) Cr.P.C set aside - Matter remanded for fresh consideration...........
Criminal Procedure Code, 1973, Section 156, 482 -- Investigation - Direction to investigate in printed or written form and questionnaire be handed over to accused - There is no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in the conspiracy should be in printed or written form - Similarly it is inappropriate for High..........
Criminal Procedure Code, 1973, Section 173, 156 -- Investigation - Constitutional Courts may order further investigation/re-investigation/de novo investigation even after charge sheet is filed and charges are framed...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - It is discretion of Magistrate to direct complainant to examine witnesses instead of directing an investigation - However, discretion cannot be exercised arbitrarily...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Direction for investigation - Allegations when warrant recovery of documents or other material objects which are in physical possession of accused or other persons then investigation is to be ordered as in such a case complainant will not be in a position to retrieve the relevant evidence..........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Case can be registered for investigation by lodging FIR on receipt of information about commission of cognizable offence, even without conclusion of inquest proceedings initiated u/s 174 Cr.P.C...........
