Prevention of Corruption Act, 1988, Section 5(3), Criminal Procedure Code, 1973, Section 4, 156, 190 -- Complaint - Power of Special judge appointed under the PC Act - Held, Special Judge does have power to deal with matter u/s 156(3) of the Code of Criminal Procedure...........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate u/s 156(3) Cr.P.C. is not required to examine the complainant on oath since he has not taken cognizance of any offence therein - Investigation in a matter of a crime is the prime responsibility of the police...........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate has discretionary power u/s 156(3) Cr.P.C. - Discretion vested in a judicial authority has to be exercised judiciously and not arbitrarily...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - cognizable offence disclosed - When cognizable offence is disclosed it is duty of concerned Court to order for registration and investigation of the offence...........
Civil Procedure Code, 1908, Order 47, Rule 1, Railway Protection Force Act, 1957, Section 9(i), Railway Protection Force Rules, 1987, Rule 148.1, 148.2, 148.3, 148.4, 153, 156 -- Review of judgment - Order of dismissal from service - Contentions raised by applicant`s counsel found to be misconceived - Also these contentions were raised for first time in review application..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Sessions Judge cannot direct - Held, powers to direct for registration of FIR has been specifically conferred on Magistrate u/s 156 (3) Cr.P.C. - If such an application was moved before Magistrate and was rejected, only then in revision, Sessions Judge could have directed Magistrate to pass appropriate..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Thereafter Magistrate has no power to withdraw investigation - Magistrate has no power to recall his orders...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Parties compromised - There is no provision in Cr.P.C. whereby Magistrate has power to order withdrawal of investigation - Even otherwise Magistrate has no power to recall his order...........
Criminal Procedure Code, 1973, Section 156, 165 -- Judicial interference in investigation - Magistrate directed Investigating Officer to add offence of S.307 IPC and investigate matter properly - Direction given by Magistrate set aside - Held, Court cannot direct investigating agency to focus on any particular offence and do investigation accordingly...........
Criminal Procedure Code, 1973, Section 156 -- Inquest report - Omission to mention name of accused - Held, there is no requirement of law or any rule that an inquest Panchanama should contain name of accused - Inquest panchanama is a report required to be made by IO with respect to apparent cause of death - It is to be prepared in presence of two or more inhabitants of..........
