Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegation of fraud and forgery - Intricate facts of case need to be investigated by police as this is not a case of such nature that complainant will be able to produce necessary documentary evidence in the case on his own - Court below committed error by dismissing the application - Order..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Dismissal of application - Magistrate is not bound to pass order for registration of FIR in every application u/s 156(3) Cr.P.C. - In the instant case application filed u/s 156(3) Cr.P.C as a counter blast to FIR lodged by opposite party - Admittedly, applicant and opposite party are..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Cognizable offence - Police may investigate a cognizable offence u/s 156(1) Cr.P.C after registration of an FIR u/s 154 Cr.P.C but without registration of an FIR, police cannot initiate any investigation...........
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) -- FIR - Preliminary inquiry before registration of FIR - If application u/s 156(3) Cr.P.C does not discloses cognizable offence per se, but it is indicative of commission of some cognizable offences, Magistrate has discretion to direct a preliminary inquiry before directing registration of FIR...........
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...........
