Delhi Special Police Establishment Act, 1946, Section 3, Criminal Procedure Code, 1973, Section 156 -- Investigation by CBI - High Court can direct in rare and exceptional cases - High Court ordinarily not to interfere with domain of investigation of crime by police...........
Delhi Special Police Establishment Act, 1946, Section 3, Criminal Procedure Code, 1973, Section 156 -- Investigation by CBI - Unnatural death of minor daughter of maid servant - Her dead body found in locked car - Investigation by police that death was homicidal - Doctor opined that death was due to smothering - Subsequent report of doctors that death was not homicidal -..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to police for investigation - Magistrate can direct police to investigate only when facts stated in an application disclose commission of a cognizable offence - At the stage of considering an application u/s 156(3) Cr.P.C. Magistrate is not required to inquire into the truthfulness of the allegations either by..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 463, 464 -- Fabricating and forging mukhtarnama and on the basis thereof execution of sale deed - Magistrate dismissed application u/s 156(3) Cr.P.C. by holding that dispute is of civil nature and contractual as such no cognizable offence is made out - Matter remitted for decision afresh -..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Can be treated as complaint - No separate complaint is required to be filed...........
Criminal Procedure Code, 1973, Section 156(3) -- For invoking provision of S.156(3) Cr.P.C. at least an intimation to the police of commission of a cognizable offence u/s 154(1) is a condition precedent...........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Complaint u/s 200 or petition u/s 156(3) Cr.P.C. - Option is there to invoke either - Seeking directions from Magistrate u/s 156(3) Cr.P.C. should take place as a last measure...........
Criminal Procedure Code, 1973, Section 156(3) -- For invoking provision of S.156(3) Cr.P.C. at least an intimation to the police of a cognizable offence u/s 154(1) is a condition precedent - However, there can be exceptions where the facts and circumstances of the case justify directly approaching the Court...........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Reference of S.190 in S.156(3) Cr.P.C. - Reference is merely to determine jurisdiction - It in no way controls the power of Court to direct registration and/or investigation as contemplated in the provision of S.156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- No particular format is provided for a petition u/s 156(3) Cr.P.C. - Not strictly to be construed as a complaint - Absence of specific or improperly worded prayer or lack of complete and definite details not fatal when it states facts constituting ingredients of a cognizable offence...........
