Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 209, 420, 467, 468, 471, 120B, 506 -- Quashing of criminal proceeding - Dispute between parties is purely and predominantly of a civil nature - Will has been posthumously registered - Whether the Will is forged or genuine has to be decided by Revenue Court and also by Civil Court - Held,..........
Criminal Procedure Code, 1973, Section 156(3), 227, 228 -- Framing of charge - Further investigation - Records produced by prosecution do not reveal any offence for want of effective investigation - Held, it would puerile for Court to acquit accused by extending benefit of doubt, on the ground that some doubt arises regarding commission of offence, because, such doubt had..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Exercise of power by Magistrate - Held, if an aggrieved person files an application u/s 156(3) Cr.P.C. before Magistrate, he can direct FIR to be registered and also can direct a proper investigation to be made in case where according to aggrieved person police has not registered FIR -..........
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..........
Criminal Procedure Code, 1973, Section 156(3) -- Application filed u/s 156(3) - Magistrate treated application as complaint and complainant asked to bring his evidence u/s 200 Cr.P.C. - Challenge thereto - Held, no illegality in procedure adopted by Magistrate - In case petitioner feels necessity of getting enquiry conducted by police, petitioner would be at liberty to..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint case - Investigation - Power conferred u/s 156(3) CrPC, can be exercised by Magistrate even before taking cognizance provided complaint discloses commission of cognizable offence...........
Criminal Procedure Code, 1973, Section 156(3) -- For proceedings u/s 156(3) Cr.P.C., complaint must disclose relevant material ingredients of the alleged offence - If there is a flavour of civil nature, the same cannot be agitated in the form of criminal proceeding - If there is huge delay and then in order to avoid the period of limitation, it cannot be resorted to a..........
Criminal Procedure Code, 1973, Section 156, 157 -..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 13(1)(d),13(2) -- Illegal gratification - Special Judge has power to refer private complaint qua illegal gratification, to police for investigation and report...........
