Criminal Procedure Code, 1973, Section 482, 154, 156, 200 -- FIR - Non registration or that a proper investigation is not done by the police - Petition u/s 482 Cr.P.C. - High Court should ordinarily refuse to interfere in such matters and relegate the petitioner to his alternative remedy, firstly u/s 154(3) and S.36 Cr.P.C. and if that is of no avail, by approaching..........
Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Aggrieved person to approach SSP in writing u/s 154(3) or to approach Magistrate u/s 156(3) Cr.P.C. - Magistrate u/s 156(3) Cr.P.C. can direct police to register FIR and investigation be done - Magistrate can also monitor the..........
Criminal Procedure Code, 1973, Section 154, 156, 200, 482 -- FIR - Non registration or that a proper investigation is not done by the police - Petition u/s 482 Cr.P.C. - Alternative remedy available u/s 154(3), 156(3), 200 Cr.P.C. - Held, alternative remedy is not an absolute bar to a writ petition - However, when alternative remedy is available then High Court should not..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Right of accused to be heard - Held, when an application is filed u/s 156(3), Cr.P.C. in the Court of a Magistrate, it is a matter between applicant and Court and accused does not come into picture as no cognizance of offence is taken in the matter - Accused does not have any right to interfere in the..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Application u/s 156(3) Cr.P.C. moved by father of victim - On perusal of contents of complaint prima facie a cognizable offence made out - Held, complaint u/s 498-A IPC can be filed by father of the victim...........
Criminal Procedure Code, 1973, Section 156(3), 482, Indian Penal Code, 1860, Section 498A -- Stay of arrest of accused - Cannot be granted u/s 482 Cr.P.C. filed against order passed by Magistrate u/s 156(3) Cr.P.C. for registration of case and investigation in the matter - Such a remedy is available to the applicants when the case is registered and investigation is under..........
Criminal Procedure Code, 1973, Section 156(3), 397, 401 -- Order of registration of case u/s 156(3) Cr.P.C. - Revision against at the instance of accused - Not maintainable - Proposed accused have no right to challenge such order...........
Criminal Procedure Code, 1973, Section 156, 36, Constitution of India, 1950, Article 226, 21 -- Murder - Investigation by CBI - Deceased and his wife had drawn the attention of various police stations apprehending threat with dire consequences - Later on he was found dead under unnatural circumstances - Mother and brother of deceased filed petition praying for an..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Application u/s 156(3) Cr.P.C. - Selling of house in excess of share - No allegation that accused had committed any fraudulent act or any forgery or that sale deed was executed by any other person impersonating himself - Dispute is of civil nature - Application failed to disclose commission of any cognizable offence -..........
Criminal Procedure Code, 1973, Section 173(8), 173(2), 156 -- Further investigation - Investigating agency is not precluded from further investigation in respect of an offence in spite of forwarding a report u/s 173(2) on a previous occasion...........
