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(3), 154 -- Complaint disclosing cognizable offence - Same not registered - Complainant approached High Court by way of Writ Petition, which was dismissed - Registration of FIR is mandatory if information discloses commission of cognizable offence - Complaint submitted by appellant to concerned respondents discloses commission of..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Protection of Children from Sexual Offences Act, 2012, Section 19, 33 -- Application u/s 156(3) Cr.P.C - Can be treated as complaint case u/s 190(1)(a) Cr.P.C by Special Court under POCSO Act...........
Criminal Procedure Code, 1973, Section 401(2), 156(3) -- Revision - High Court allowed revision with a direction to register FIR but proposed accused not served with notice of revision proceedings - Impugned order set aside - Matter remitted back to High Court for decision afresh in accordance with law...........
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 156(3) -- Application u/s 156(3) Cr.P.C - It is not permissible for a person to straightaway approach Magistrate by filing a petition u/s 156(3) Cr.P.C - There has to be prior application u/ss 154(1), 154(3) Cr.P.C and such fact has to be stated clearly in the petition along with necessary documents supported by an affidavit...........
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...........
