Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Reference to police for investigation - Before taking cognizance or referring the matter for investigation to police, Magistrate should satisfy himself regarding the allegations in the complaint as to what the complainant is alleging and it should be within his personal knowledge...........
Criminal Procedure Code, 1973, Section 156, 210 -- FIR under investigation - Complaint of the same incident - Magistrate without taking cognizance sent the complaint to Police for registration of FIR and investigation - No illegal infirmity and no bar - Bar is created by S.210 Cr.P.C. in case where Magistrate has taken cognizance and has already proceeded to hold an..........
Criminal Procedure Code, 1973, Section 156, 200, 190 -- Complaint - Without recording preliminary evidence Magistrate can send the complaint to police for investigation - If Magistrate takes cognizance by recording preliminary evidence he may still refer the complaint to police u/s 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate has no jurisdiction u/s 156(3) Cr.P.C. to make direction for investigation by any police officer other than the officer in-charge of Police Station...........
Criminal Procedure Code, 1973, Section 156 -- Specimen handwriting - Magistrate can always issue directions to the accused to give his specimen handwriting when the case is under investigation...........
Criminal Procedure Code, 1973, Section 156, 173, 190, 200 -- Complaint - Sent to Police for investigation - Receipt of police report - Magistrate can (i) drop action (ii) May take cognizance of offence; (iii) may examine upon oath the complainant and his witnesses u/s 200 Cr.P.C. and may hold or direct an inquiry u/s 202 and thereafter to issue process or to dismiss..........
Criminal Procedure Code, 1973, Section 482, 154, 156 -- FIR - Not to be quashed if it discloses basic ingredients of offence - Further when FIR is recorded by police on orders passed by Magistrate u/s 156 Cr.P.C. is added prohibition to quash FIR...........
Criminal Procedure Code, 1973, Section 156(2), 200 -- Scope of application under Section 156(3) Cr.P.C. and that of complaint are different...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) cannot be treated as a complaint...........
Criminal Procedure Code, 1973, Section 202, 156(3), 200 -- Complaint - Preliminary evidence recorded - Thereafter report of SHO called - Held, by recording preliminary evidence Magistrate cannot be said to have taken cognizance of the offence - Before issuance of process by Magistrate it cannot be concluded that cognizance has been taken by him because he has yet to make..........
