Criminal Procedure Code, 1973, Section 156 -- Inquest report - Omission to mention name of accused - Held, there is no requirement of law or any rule that an inquest Panchanama should contain name of accused - Inquest panchanama is a report required to be made by IO with respect to apparent cause of death - It is to be prepared in presence of two or more inhabitants of..........
Criminal Procedure Code, 1973, Section 156(3), 399, 401 -- Rejection of application u/s 156(3) Cr.P.C. - Revisional Court set aside the order - Opportunity of hearing not given to the prospective accused - Order set aside - Matter remitted for decision afresh after giving opportunity of hearing...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Medical negligence - At the stage of S.156(3) Cr.P.C. Magistrate has to look whether any cognizable offence is disclosed or not for the purpose of directing the police to register the FIR - If a cognizable offence is disclosed, Magistrate is legally bound to direct registration of an FIR - At..........
Criminal Procedure Code, 1973, Section 156(3) -- At the stage of S.156(3) Cr.P.C. accused has no right to be heard nor he can challenge an order before FIR is registered against him - Law confers a right of hearing on the victim at that stage of pre-registraton of FIR whereas no such right is conferred on the accused at that stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Medical negligence - Disclosure of commission of offence of causing death by culpable homicide - Serious allegations - Impugned order dismissing application set aside - Application allowed...........
Criminal Procedure Code, 1973, Section 154(3), 156(3), 482 -- Registration of FIR - Writ jurisdiction - Alternative remedy - Held, if a person has a grievance that his FIR has not been registered by police station his first remedy is to approach Superintendent of Police u/ss 154(3) Cr.P.C. or other police officer referred to in S.36 of Cr.P.C. - If despite approaching..........
Criminal Procedure Code, 1973, Section 177, 178, 156(2) -- Territorial jurisdiction - Among several acts one of the acts constituting offence of cruelty has been committed in local jurisdiction of `G' police station - Held, Magistrate who took cognizance and also Police Officer who has been investigating the case cannot be said to have assumed jurisdiction illegally in..........
Criminal Procedure Code, 1973, Section 156(3) -- Cognizable offence - Registration of FIR - Duty of Magistrate - Held, it is responsibility of Magistrate to direct police to follow mandate of law and if it is not so done, then it gives police a long rope to act arbitrarily and at its whims - Whenever an aggrieved person approaches a Magistrate with prayer that police has..........
Criminal Procedure Code, 1973, Section 156(3), 2(d) -- Complaint and application u/s 156(3) - Distinction between - Held, there lies a distinction between a complaint and an application u/s 156(3) Cr.P.C. and that is with regard to intention and prayer of applicant - When an applicant desires that Magistrate should take action against persons then it is a `complaint' - But..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Magistrate has the discretion to either forward the complaint to police for registering an FIR or decide to direct the complainant's evidence to be recorded...........
