Criminal Procedure Code, 1973, Section 156 -- Investigation - Defects in - Effect - Held, merely because of some defect in investigation, lapse on part of I.O., it cannot be a ground for acquittal - Further, even if there had been negligence on part of investigating agency or omissions etc., it is obligation on part of Court to scrutinize prosecution evidence de hors such..........
Criminal Procedure Code, 1973, Section 154, 156, 157 -- Investigation by same police officer who lodged FIR - Such police officer can proceed with investigation - Such investigation can only be assailed on the ground of bias or real likelihood of bias on the part of investigating officer...........
Criminal Procedure Code, 1973, Section 173, 156 -- Further investigation and fresh investigation - Power of Magistrate - Held, Magistrate has no jurisdiction to direct `fresh' or `de novo' investigation - It is only upon the orders of higher Courts empowered to pass such orders that aforesaid investigation can be conducted, in which event higher Courts will have to pass a..........
Criminal Procedure Code, 1973, Section 154, 156, 190 -- More than one FIR - On same incident or different incidents arising from same occurrence - Not permissible - However, where the incident is separate and offences are similar or different or even where subsequent crime is of such magnitude that it does not fall within the ambit and scope of FIR recorded first, then a..........
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) -- Investigation - Power of Magistrate - Re-exercise of - Held, once the power conferred u/s 156(3) of Cr.P.C. is exercised, same can not be re-exercised after receiving report from Investigating Agency - In present case, subsequent order given by Magistrate for investigation after lodging FIR by same Investigating Agency which..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint forwarded to police u/s 156(3) Cr.P.C. - Police cannot decline registration of crime based on complaint...........
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 173(2), 156(3) -- Final report - Finding of allegations in private complaint false - Held, it is not incumbent upon IO or Officer laying final closure report to file a complaint against de facto complainant for giving false evidence and misusing their official position as public servants...........
Criminal Procedure Code, 1973, Section 156(3) -- Dismissal of application u/s 156(3) Cr.P.C. - Remedy lies in filing a criminal complaint u/s 200 Cr.P.C. and not by filing a writ petition or a petition u/s 482 Cr.P.C...........
