Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Powers of Magistrate - Guidelines for application of judicial mind by Magistrate while invoking powers u/s 156(3) Cr.P.C. : (a) Magistrate should be advised to verify truth and veracity of allegations, regard being had to nature of allegations of case (b) there has to be prior applications u/ss 154(1),..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Crime in question involving high ranking officials of State as well as Central Government - For instilling confidence in the minds of victims as well as public at large, High Court predicated that it was but necessary to entrust..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Accused named in FIR, has no right to be heard at the stage of investigation or to have an opportunity of hearing as a matter of course - Mere fact that accused was not impleaded as a party in writ petition or for that matter was..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - High Court transferred investigation to CBI after due consideration of all relevant aspects - Transfer of investigation to CBI does not depend on inadequacy of inquiry/investigation carried out by State police - Since nature of..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Petition filed by member of legislative assembly as Public Interest Litigation - Cannot be brushed aside on the allegation of political vendetta, if otherwise, it is genuine and raises a reasonable apprehension of likelihood of bias in dispensation of criminal justice system...........
Criminal Procedure Code, 1973, Section 156(3) -- Compliant u/s 156(3) Cr.P.C. - Order to record sworn statement of complainant - Shows Magistrate was not prepared to invoke power u/s 156(3) Cr.P.C. - Complainant can very well challenge this order - However, when complainant once furnishes his statement u/s 200 Cr.P.C. then he cannot be heard to say that Magistrate ought to..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Murder and robbery - Mother of petitioner aged 70 years got strangulated and murdered during wee hours in course of robbery - Initially, local police conducted investigation which did not yield any result even though years elapsed - Even, subsequently investigation was handed over to crime..........
Criminal Procedure Code, 1973, Section 156, 173(6) -- Re-investigation or further investigation - Only allegation against I.O is that he did not investigate the case in accordance with law and did not give importance to statement of witnesses on record - No allegation of unfairness in investigation - In absence of any allegation of unfairness in investigation against I.O,..........
Criminal Procedure Code, 1973, Section 156(3) -- Further investigation - After submission of charge sheet by police - Magistrate is within his power to direct further investigation after submission of charge sheet by police in an appropriate case, if he is otherwise satisfied that investigation done by police is improper...........
Criminal Procedure Code, 1973, Section 156(3) -- Proceedings u/s 156(3) Cr.P.C. - FIR was lodged and on completion of investigation charge sheet was filed - With unsatisfied with investigation proceedings initiated u/s 156(3) Cr.P.C. - To pursue said proceedings charge sheet submitted by investigating agency before JJ Board is quite relevant - Photocopies of testimonies of..........
