Criminal Procedure Code, 1973, Section 190, 156(3) -- Complaint - Sending complaint to police for investigation - Magistrate cannot be said to have taken cognizance...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Magistrate taking cognizance and examining complainant - Magistrate after taking cognizance cannot direct the police to register FIR u/s 156(3) Cr.P.C. - Magistrate can exercise power u/s 156(3) Cr.P.C. at pre-cognizance stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Offence exclusively triable by Court of Sessions - Magistrate has to proceed u/s 202(2) Cr.P.C. - Magistrate cannot order for investigation by police u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation by police - Magistrate has no power to direct investigation by police u/s 156(3) Cr.P.C. when offence is triable exclusively by Court of Sessions - Magistrate himself has to make inquiry u/s 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate perused the complaint and documents and heard complainant - Complainant not examined on oath - Magistrate was of the opinion that it was necessary to have detailed investigation by the police into the allegations made in the complaint and directed police to register offence and to submit report - Held, order is..........
Criminal Procedure Code, 1973, Section 156(3), Constitution of India, 1950, Article 226, 227 -- Order u/s 156(3) Cr.P.C. directing police to register offence and to submit report - Such order is revisable - Writ petition against such an order is not tenable...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 156(3) -- Offence u/ss 406 & 498-A IPC - Delay - Cruelty includes physical as well as mental torture and is a continuing offence - An application u/s 156(3) Cr.P.C. is filed only when there are no chances of settlement...........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Duty of magistrate - Held, Magistrate is required to apply its mind to find out whether first information sought to be lodged by applicant had any substance or not - If allegations made in application u/s 156(3) Cr.P.C. prima-facie appear to be without any substance, then in such case Magistrate can..........
Criminal Procedure Code, 1973, Section 156, 190 -- FIR - If not registered or copy of FIR not supplied - Court of Magistrate can be moved - Magistrate can order to register FIR and to supply copy of FIR within 24 hours - In case such an order is violated contempt proceedings can be initiated - Disciplinary Authority in departmental proceedings can suspend such an officer...........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Order u/s 156(3) Cr.P.C. - Order cannot be quashed - Applicant not accused - Application is premature - Applicants are entitled to file application or to take any appropriate step only after issuance of process - Impugned order cannot be quashed in exercise of power u/s 482 Cr.P.C...........
