Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an Affidavit duly sworn - Such direction issued in Priyanka Srivastava case is prospective in nature...........
Criminal Procedure Code, 1973, Section 156(3), 202, 203 -- Application u/s 156(3) Cr.P.C - First stage at which cognizance of offence alleged in the application u/s 156(3) Cr.P.C is taken is after inquiry conducted u/s 202 Cr.P.C which reveals sufficient ground for proceeding and application u/s 156(3) Cr.P.C is not dismissed u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - In cases where FIR is lodged against unknown persons, and persons made accused are not known to witnesses, material collected during investigation plays an important role to determine whether there is a credible case against accused - In such type of cases, Courts have to meticulously examine the evidence..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 323, 294, 500, 504, 506 -- Registration of FIR - Offence u/ss 323, 294, 500, 504, 506 IPC - Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation under Section 156(3) of the Cr.P.C., it is the duty of the concerned Magistrate..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for preliminary investigation to police - Where specific allegations of sexual assault and molestation were levelled against accused by informant, directing preliminary investigation to police into allegations made by victim in application u/s 156(3) Cr.P.C and placing reliance on police report submitted in favour..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Allegations of bias and undue influence raised on the police machinery of State - Accused is a senior judicial officer - Any doubt or apprehension in the minds of appellants who have lost their family member may be dispelled by investigation being carried out by CBI - CBI directed to carry our..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Direction to register case and its investigation by police should be exercised where some `investigation' is required...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant in possession of complete details of all accused as well as the witnesses - Neither recovery needed nor any such material evidence is required to be collected which can only be done by the police - In such a case procedure of complaint case should be adopted...........
