Criminal Procedure Code, 1973, Section 173, 156 -- Reinvestigation - Court can direct reinvestigation but direction cannot be given to police to submit the challan after reinvestigation...........
Criminal Procedure Code, 1973, Section 173, 156 -- Report u/s 173 - There are three options to the Magistrate namely, (i) to accept the report and take cognizance of the offence and issue process; or (ii) may disagree with the report and drop the proceeding; or (iii) may direct further investigation under Section 156(3) of the Code...........
Criminal Procedure Code, 1973, Section 195, 200, 340, 156(3), 482, Indian Penal Code, 1860, Section 463, 464, 470, 471 -- Documents forged and produced in Court - Private complaint - Though Magistrate is barred from taking cognizance of such offence on private complaint, he is not barred from referring case to police for investigation without taking cognizance of case..........
Criminal Procedure Code, 1973, Section 156(3) -- Application for direction to police to register FIR and investigate - Can be ordered when: (1) full details of the accused are not known to the complainant and the same can be determined only as a result of investigation; (2) where recovery of abducted person or stolen property is required to be made by conducting raids or..........
Criminal Procedure Code, 1973, Section 156(3) -- Application for direction to police to register FIR and investigate the case - Magistrate ordered application to be registered in the Court as a criminal complaint and fixed date for recording statement of the complainant - Held, Magistrate rightly passed the order as the complainant is in possession of the complete details..........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Once the Court takes cognizance, it is not open to the Court to refer the case to police for investigation u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Court taking cognizance of offence - Thereafter it is not open to the Court to refer the case to police for investigation under Section 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 200, 156(3), 2(o), 2(s), 173, 204 -- Custodial death - Complaint against police - Magistrate directing Corps of Detectives to investigate - Though Magistrate has no power to direct COD to investigate however investigation made by COD in case of custodial death is as per standing order of Government - Cognizance taken on report filed..........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Complaint - Direction to police to investigate - Before taking cognizance and on a plain reading of complaint if facts constitute an offence, Magistrate can direct police to investigate - Investigation by police cannot be interfered with in exercise of Court's inherent powers...........
Criminal Procedure Code, 1973, Section 200, 156(3), 173(2) -- Magistrate has no power to direct the police to stop investigation or to conduct a parallel enquiry u/s 200 after forwarding the complaint u/s 156(3), when police officer takes a decision to close the investigation, he can take cognizance and proceed to conduct the enquiry u/s 200 Cr.P.C...........
