Criminal Procedure Code, 1973, Section 188, 156 -- Offence committed outside India by Indian citizen - Sanction of Central Govt. - Requirement of - Held, any investigation of an offence, punishable under the Indian Penal Code and alleged to have been committed outside India by an Indian citizen will not require sanction of Central Government u/s 188 of the Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 397, 362 -- High Court in a revision remitted the matter for decision afresh in accordance with observations made - Proposed accused seeking modification of the order as the same was passed without a hearing given to him - Held, Court which signed its judgment or final order disposing of the case is not empowered to alter or..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Application/Complaint can be sent for investigation only when it discloses commission of a cognizable offence - If no cognizable offence is disclosed then it is liable to be dismissed - When no recovery or discovery is necessary then application is to be treated as a complaint case...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Magistrate allowing application u/s 156(3) Cr.P.C. directing investigation after registration of FIR - Revision against by prospective accused - Not maintainable - Prospective accused has no right to stop the registration of FIR by challenging the order passed by Magistrate u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(2), 156(3), 190, 200, 202 -- Powers of Magistrate - Receipt of final report - Held, Magistrate can take cognizance on original complaint, where investigation u/s 156(3) was earlier ordered and record statement of complainant and witnesses as provided u/s 200 and can conduct an inquiry - In that inquiry Magistrate can direct..........
Criminal Procedure Code, 1973, Section 190, 200, 156(3) -- Complaint - Magistrate can take cognizance of the offence and issue summons - Magistrate has also the option to postpone the issue of process so as to satisfy himself that the allegations made in the complaint are prima facie correct and either inquire into the case himself or direct an investigation to be made by..........
Criminal Procedure Code, 1973, Section 156(3), 200, 397, 401 -- Magistrate refused to direct investigation in the matter by police and took cognizance himself - Revision against - Held, accused has a right of hearing in such a revision...........
Criminal Procedure Code, 1973, Section 340, 156(3) -- False evidence in Court - Maintainability of application u/s 156(3) Cr.P.C. - Held, it is for the court to proceed against party, who has adduced evidence during course of trial, which was forged and fabricated or with mala fide intention to mislead court - An application u/s 156(3) Cr.P.C. is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C. - Magistrate after calling for police report treated the application as complaint case - Held, that Magistrate is not bound to order registration of FIR in all cases where a cognizable offence has been disclosed and Magistrate has authority to treat it as complaint - Order of Magistrate is..........
Criminal Procedure Code, 1973, Section 156(3), 397, 482 -- Registration of FIR - Order of Magistrate - Challenge thereto - Held, accused has no right to challenge an order passed u/s 156(3) Cr.P.C. at pre-cognizance stage by a Magistrate and no revision lay against such an order at the instance of accused u/s 397(1) Cr.P.C. being barred by S.397(2) Cr.P.C. nor at his..........
