Indian Penal Code, 1860, Section 302, 448, 34, Criminal Procedure Code, 1973, Section 156 -- Murder - Plea of accused that only Circle Inspector of Police is authorised to conduct investigation and not PSI - Not tenable as in absence of Circle Inspector, PSI has power to investigate the cases registered including the one u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Once Magistrate takes cognizance of offence, he cannot thereafter order for an investigation u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Direction for registration of FIR - Power to direct investigation by police u/s 156(3) Cr.P.C is done at pre-cognizance stage and enquiry or investigation ordered u/s 202 Cr.P.C is done at post cognizance stage...........
Criminal Procedure Code, 1973, Section 2(d), 156(3) -- Complaint to Magistrate with allegations constituting an offence - Only relief sought to forward complaint to police for investigation - Amounts to complaint u/s 2(d) Cr.P.C. and is maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Petitioner is a physically disabled person - Merely on this basis she cannot insist that complaint by her be forwarded to police for investigation...........
Criminal Procedure Code, 1973, Section 156(3), 195 -- Direction to register FIR - S.195 Cr.P.C has no application to control power of Magistrate to entertain an application u/s 156(3) Cr.P.C and direct police to register a report and thereafter make investigation, as S.195 Cr.P.C will only be attracted when Magistrate proceed to take cognizance u/s 190 Cr.P.C...........
Criminal Procedure Code, 1973, Section 155, 156, 157 -- Investigation - Police can investigate a no, cognizable offence along with cognizable offence and can file charge sheet even for an offence of which cognizance can be taken by Court only on complaint of an aggrieved person or competent authority...........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 342, 376, 506 -- Defective investigation - Final report in favour of accused - Offence u/ss 342, 376, 506 IPC - Serious allegations and imputations against accused were made by victim in her statement recorded u/s 164 Cr.P.C - Slight variation in statement of victim and/or S.161 or S.164 Cr.P.C..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Where on account of credibility of information available, or weighting interest of justice, it is considered appropriate to straightaway direct investigation, such a direction is issued...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - I.O if subordinate to complainant, fair investigation may not be expected from him...........
