Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Powers of Magistrate - Held, where proper investigation is conducted, it may not be necessary or possible for Magistrate to invoke powers u/s 156(3), Cr.P.C. to monitor, supervise or interfere with investigation - When a proper investigation is not done Magistrate has jurisdictional competence to interfere..........
Criminal Procedure Code, 1973, Section 156(3), 482, Constitution of India, 1950 - - Order of registration of FIR - Nature of - Held, order passed u/s 156(3), Cr.P.C. is the judicial order but it is administrative in nature - In such circumstances, the impugned orders passed u/s 156(3) Cr.P.C. cannot be interfered with in a petition filed u/s 482, Cr.P.C. on behalf of the..........
Criminal Procedure Code, 1973, Section 156(3) -- Order u/s 156(3) Cr.P.C. for registration of case and investigation - Proposed accused has no right of hearing at a pre-registration stage or at the investigation stage...........
Criminal Procedure Code, 1973, Section 156, 482, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(e), 13(2) -- Change of Investigation Officer - Complainant stepped into the shoes of IO - His wife was one of the beneficiaries who was involved in the affairs of the housing society for the land sold by petitioner in the form of plots - Since serious allegations have..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Power of Magistrate - Exercise of - Held, for ordering investigation by Police u/s 156(3) Cr.P.C., Magistrate cannot act merely as a post office and he is bound to apply his mind before so doing - Endorsement of Magistrate, by which he directed Police to investigate the complaint, does not show that there was..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 218, 219, 420, 120A, 120B -- FIR registered on directions given u/s 156(3) Cr.P.C. for an offence u/ss 218, 219, 420, 120-A, 120-B IPC - Allegation that medico legal report prepared was a fabricated document - Injured medically examined by different doctors/Board of doctors, who all..........
Criminal Procedure Code, 1973, Section 154(3), 156(3), 482 -- Registration of FIR - Writ petition - Held, High court should discourage the practice of filing a Writ Petition or petition u/s 482 Cr.P.C. simply because a person has a grievance that his F.I.R. has not been registered by the police, or after being registered, proper investigation has not been done by police -..........
Criminal Procedure Code, 1973, Section 156(3) -- Order directing investigation by State CID - Power of Magistrate - Held, provisions of law comprised under the Code of Criminal Procedure nowhere empower Magistrate to direct investigation to police officer other than one attached to police station situated within the territorial jurisdiction of Court of such a Magistrate -..........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate can direct police to register FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly...........
Criminal Procedure Code, 1973, Section 156(3) -- Scope - Magistrate is empowered to direct police to register a criminal offence and/or to direct police to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same...........
