Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - It is discretion of Magistrate to direct complainant to examine witnesses instead of directing an investigation - However, discretion cannot be exercised arbitrarily...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Direction for investigation - Allegations when warrant recovery of documents or other material objects which are in physical possession of accused or other persons then investigation is to be ordered as in such a case complainant will not be in a position to retrieve the relevant evidence..........
Indian Penal Code, 1860, Section 228A -- Non-disclose of identity of rape victim - Directions issued to investigating agency/police authorities and all Courts in State of Maharashtra that : (i) Identity of victim should not be disclosed by any of authorities in charge sheet; (ii) further direction issued to all concerned agencies who are dealing with investigation of crime..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2), 3(2)(va), 18, 18A -- Anticipatory bail - Rape - Investigation of case is done and charge sheet is also filed - Mobile phone of accused is seized and he is corroborating with investigation - Physical custody of accused is..........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Case can be registered for investigation by lodging FIR on receipt of information about commission of cognizable offence, even without conclusion of inquest proceedings initiated u/s 174 Cr.P.C...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court has to record valid reasons while forming an opinion of not accepting repeated closure reports submitted by investigating agency and for passing an order for further investigation...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7(2) -- Ultra- vires - Charge sheet - Deletion of certain sections from the FIR - Provisions of the Act and the Rules, do not mandate the filing of a charge sheet in every case where an FIR is..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7(2) -- Ultra- vires - Charge sheet - Deletion of certain sections from the FIR - Provisions of the Act and the Rules, do not mandate the filing of a charge sheet in every case where an FIR is..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
