Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Investigation - Difference between two provisions of Ss.156(3), 202(1) Cr.P.C - Investigation by police officer u/s 156(3) Cr.P.C is at pre-cognizance stage, whereas, power to order investigation u/s 202(1) Cr.P.C is at post-cognizable stage - Investigation u/s 202(1) Cr.P.C is for purpose of ascertaining truth or..........
Criminal Procedure Code, 1973, Section 202(1) -- Investigation u/s 202(1) Cr.P.C - If Magistrate did not order for police investigation u/s 156(3) Cr.P.C and took cognizance of case, that would not be bar to exercise of power of Magistrate for directing police investigation u/s 202(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint - Mere statement in order that he has gone through complaint, document and heard complainant will not be sufficient - What weighted with Magistrate to order investigation or to take cognizance should be reflected in the order, although a detailed expression of his view is neither required nor warranted...........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint case - Where complainant is in possession of complete details of all accused and witnesses who have to be examined and neither recovery is needed nor any such material evidence is required to be collected which can be done by police no `investigation' would normally be required and procedure of complaint case..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once an application u/s 167(2) Cr.P.C. is filed after expiry of stipulated time limit, it is duty of Court to release him on bail forthwith without any unnecessary delay - Filing of a charge sheet subsequent to expiry of stipulated time limit for investigation would not defeat right of accused to default bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Transfer of further investigation to CBI - Conduct of investigating authorities from stage of arriving at scene of occurrence to filing of charge sheet do not inspire confidence in robustness of process - Status of accused as properties and..........
Criminal Procedure Code, 1973, Section 41, 482 -- Interference with investigation or order staying arrest - No interference with investigation or order staying arrest unless cognizable offence is not ex-facie discernible from allegations contained in FIR or there is any statutory restriction operating on power of police to investigate a case...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Complaint against brother and parents of husband - No complaint lodged against husband - Prima facie there is no case against accused for having dishonestly misappropriated dowry received by them from wife - Wife had no case that her husband had demanded any dowry from her - She stated that her husband was suffering..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of bank account by I.O - Bank account of accused or any of his relative is `property' within meaning of S.102 Cr.P.C and a police officer in course of investigation can seize or prohibit operation of said account if such assets has direct links with commission of offence for which police officer is investigating into...........
