Criminal Procedure Code, 1973, Section 156(3) -- At the time of deciding an application u/s 156(3) Cr.P.C. Magistrate is not required to give a finding on various questions of fact involved in the matter, but is simply to consider whether any cognizable offence is disclosed or not...........
Criminal Procedure Code, 1973, Section 156(3), 173(8) -- Application u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Final report submitted - Protest petition filed for rejecting final report - Direction issued to further investigate - Held, Magistrate is well within its right to order further investigation into the matter...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) treated as complaint - Statement u/ss 200 and 202 Cr.P.C. recorded - Thereafter Magistrate observed that investigation by police appears to be necessary ordered police investigation - It was a case of gang rape triable by Sessions Judge exclusively - Impugned order quashed - Magistrate directed to..........
Criminal Procedure Code, 1973, Section 156(3) -- Scope - Magistrate has jurisdiction in suitable cases to dismiss application u/s. 156(3) Cr.P.C. even if facts enshrined therein make out cognizable case...........
Criminal Procedure Code, 1973, Section 156(3) -- Scope - Provision of S.156(3) should be used sparingly - Recourse should not normally be permitted unless there is something unusual and extraordinary like miscarriage of justice which warrants direction to police to register case...........
Criminal Procedure Code, 1973, Section 156(3) -- Rejection of application - Revision - Revisionists, whose son and husband are involved in repeated commission of offences like murder and attempt to murder against same family, lodged case of dacoity against investigator of offence - Case not appears to be genuine and lodged to hamper investigator in fair investigation of..........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 209, 420, 467, 468, 471, 120B, 506 -- Quashing of criminal proceeding - Dispute between parties is purely and predominantly of a civil nature - Will has been posthumously registered - Whether the Will is forged or genuine has to be decided by Revenue Court and also by Civil Court - Held,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Exercise of power by Magistrate - Held, if an aggrieved person files an application u/s 156(3) Cr.P.C. before Magistrate, he can direct FIR to be registered and also can direct a proper investigation to be made in case where according to aggrieved person police has not registered FIR -..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Criminal Procedure Code, 1973, Section 156(3) -- Application filed u/s 156(3) - Magistrate treated application as complaint and complainant asked to bring his evidence u/s 200 Cr.P.C. - Challenge thereto - Held, no illegality in procedure adopted by Magistrate - In case petitioner feels necessity of getting enquiry conducted by police, petitioner would be at liberty to..........
