Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR and investigation - Complaint should not be improbable and must show sufficient ground and commission of offence on the basis of which registration of a case can be ordered...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Application u/s 156(3) Cr.P.C. - Order allowing or dismissing application - Order is not interlocutory order - Revision against such order is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3), 177, 178, 179, 180, 181, 182, 183, 184 -- Application u/s 156(3) Cr.P.C. - Jurisdiction - Magistrate cannot pass directions u/ss 155 and 156(3) Cr.P.C. to an officer i, charge of a police station beyond the territorial jurisdiction of area which has power to inquire into or try under the provisions of Chapter XIII of Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Magistrate u/s 156(3) Cr.P.C., empowered to direct police officer concerned to register FIR and investigate the offences - Same would mean all offences mentioned in the complaint - Veracity of allegations has to be seen during investigation into allegation - However, if certain offences though..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - An order u/s 156(3) Cr.P.C. can be passed even in those cases which are exclusively triable by Court of Sessions...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - While exercising power u/s 156(3) Cr.P.C. Magistrate is under an obligation to apply its mind to the facts and circumstances of the case - Mere observation by Court that allegations prima facie disclose commission of offence is not sufficient...........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Non-registration of FIR by police despite furnishing information of commission of cognizable offence - Writ can be declined due to no, availing alternative remedy when cause shown in no, registration of offence u/S.154 of Cr.P.C., despite furnishing..........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Even stranger to offence can inform police about commission of any cognizable offence - Failure of police to perform statutory duty can certainly accrue casue of action to stranger to seek writ of mandamus u/Art.226 of Constitution of India...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Directions for investigation by police - Delay in approaching police by complainant can be taken note of while considering application u/s 156(3) Cr.P.C. - However, Magistrate ought to direct investigation by police if it feels that evidence is required to be collected with police assistance...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint - Magistrate is not bound to direct investigation by police even if all the allegations made in complaint disclose ingredients of cognizable offence...........