Criminal Procedure Code, 1973, Section 156(3), 199, Indian Penal Code, 1860, Section 500 -- Defamation - Magistrate cannot order registration of case u/s 156(3) Cr.P.C. as bar u/s 199 Cr.P.C. applies...........
Criminal Procedure Code, 1973, Section 156(3) -- FIR - Registration of FIR on the direction of Executive Magistrate - Not permissible - Executive Magistrate has no role to play in directing police to register an FIR on basis of private complaint lodged before him - If complaint is lodged before Executive Magistrate regarding an issue over which he has administrative..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Where on account of credibility of information available, or weighting interest of justice, it is considered appropriate to straightaway direct investigation, such a direction is issued...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate is having absolute discretion under provisions of law either to send application to police u/s 156 Cr.P.C or himself take cognizance after taking into facts and circumstance of case into account - Impugned order of Magistrate refusing application u/s 156 Cr.P.C and taking..........
Criminal Procedure Code, 1973, Section 154, 156, 157, 173(2), 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Cognizable Offence - FIR - Police Officer is not entitled to proceed u/Ss.154, 156, 157 of Cr.P.C - Offence being cognizable by itself, does not enable Police Officer to register an FIR for an offence u/S.188..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - I.O if subordinate to complainant, fair investigation may not be expected from him...........
Criminal Procedure Code, 1973, Section 156 -- Fair investigation - Investigation done by Subordinate officer to complainant may not be relied upon, as fair investigation may not be expected from him...........
Criminal Procedure Code, 1973, Section 156 -- Direction to CBI to convert preliminary enquiry into FIR - Matter regarding misuse of official position and causing loss to public exchequer - Involvement of public servants, loss of public exchequer and offences regarding national and international ramifications necessitating investigation by CBI not found in preliminary..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Accused allegedly involved in conspiracy of taking money from informants on false promise of appointing them in railways - Proceedings filed after inordinate delay of 6 years without any plausible explanation - No allegations made out against accused in clear terms - Magistrate ought to remain vigilant..........
