Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Property dispute between parties - Parties are litigating the same before competent Courts - Considering all facts and circumstances of case order to treat application u/s 156(3) Cr.P.C as a complaint case seems to be just and reasonable...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C treated as complaint case - Even if application is registered as complaint case even then under process of inquiry Magistrate has ample power to direct for investigation to be made by police officer or such officer as he thinks fit...........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Rejection of application u/s 156(3) Cr.P.C. - Medical negligence - Covid test report - Report negative on one day and on the next day the report was positive - No independent expert report to establish `gross negligence' of doctors - There is possibility that rapid antigen COVID Test Report and RT-PCR report may vary..........
Criminal Procedure Code, 1973, Section 482, 154, 156(3) -- Quashing of second FIR - On account of malicious conduct and active concealment - Complainant got two FIRs registered against petitioners on the same cause of action - Filing of successive applications without disclosing the final report in earlier applications and instituting criminal proceedings with a malafide..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Offence alleged committed in 1975 - Complaint filed with inordinate delay with no plausible explanation - Ordinarily the stale claims would not be entertained...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Act complained not an offence when committed - Accused cannot be brought to book merely because such act is criminalized in a subsequent legislation - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Complaint when not supported by an affidavit, Magistrate ought not to entertain application u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Magistrate to verify the truth and also verify the veracity of the allegations...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Prior to filing of petition u/s 156(3) of Cr.P.C. there has to be applications u/s 154(1) and 154(3) Cr.P.C. - Applicant to file an affidavit so that he is conscious and not make false affidavit - With such a requirement, the persons would be deterred from casually invoking authority of..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Complaint when not supported by an affidavit, Magistrate ought not to entertain application u/s 156(3) Cr.P.C...........
